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2100 - United Storm Water, Inc. - Storm Water Catch Basin Upgrade - Project No. 49018E M E S C27201 NCORPORATEU ,q5e CONSTRUCTION CONTRACT STORM WATER CATCH BASIN UPGRADE — PHASE II, PROJECT No. 49018 United Storm Water, Inc. 1. PARTIES AND DATE This Contract is made and entered into this 12th day of March, 2024 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City') and United Storm Water, Inc. with its principal place of business at 14000 E. Valley Blvd., City of Industry, CA 91746 (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the STORM WATER CATCH BASIN UPGRADE — PHASE II, PROJECT No. 49018 by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project') as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached United Storm Water, Inc. Page 2 of 11 hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to March 12, 2025 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Ben Kim, or his designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Mr. Eduardo C. Perry Jr., or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, United Storm Water, Inc. Page 3 of 11 techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees United Storm Water, Inc. Page 4 of 11 appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days priorwritten notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total United Storm Water, Inc. Page 5 of 11 compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed One Hundred Eighty-Eigth Thousand, Six Hundred Dollars ($188,600.00) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and United Storm Water, Inc. Page 6 of 11 accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: United Storm Water, Inc. 14000 E. Valley Blvd City of Industry, CA, 91746 Attn: Mr. Eduardo C. Perry Jr. Tel: (626) 961-9326 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, City Manager United Storm Water, Inc. Page 7 of 11 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the United Storm Water, Inc. Page 8 of 11 successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an United Storm Water, Inc. Page 9 of 11 equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require 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 agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] United Storm Water, Inc. Page 10 of 11 CITY OF ROSEMEAD UNITED STORM WATER, INC. C- 0/2 / Zy By:� 03/01/2024 Ben Kim, anager Date Signature Date Attest'::._ E'rick3rSe,ffi4n?:lez, City Clerk *at/eX—y Name: Eduardo C. Perry Jr. Print Title: President [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: 3ogy Lydia Afich6]1 Richman, City Attorney Date Name: Y Perry Title: Secretary/Treasurer United Storm Water, Inc. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL BIDDER: United Storm Water, Inc. CITY OF ROSEMEAD STORM WATER CATCH BASIN UPGRADE — PHASE II PROJECT No. 49018 SECTION -BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: United Storm Water, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR STORM WATER CATCH BASIN UPGRADE — PHASE H, PROJECT No. 49018 NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST Furnish and install Automatic Retractable Screens (ARS) Units (WGARS-3.5' + TO 5.5' (L)), including meeting all LACDPW permit requirements for a complete installation. The contractor will be I required to obtain permit EA 4 $ 1,025.00 $ 4,100.00 amendment from LACDPW, and the bid shall include all applicable permit amendment costs for permit # FCDP2021000396, including applicable fees for LA County inspections. Furnish and install Automatic Retractable Screens (ARS) Units (WGARS-7' + TO 10' (L)), including meeting all LACDPW permit requirements for a complete installation. The contractor will be 2 required to obtain permit EA 23 $ 2,050.00 $ 47,150.00 amendment from LACDPW, and the bid shall include all applicable permit amendment costs for permit # FCDP2021000396, including applicable fees for LA County inspections. Furnish and install Automatic Retractable Screens (ARS) Units (WGARS-10' + TO 14.1' (L)), including meeting all LACDPW permit requirements for a complete installation. The contractor will be 3 required to obtain permit EA 26 $ 3,075.00 $ 79,950.00 amendment from LACDPW, and the bid shall include all applicable permit amendment costs for permit # FCDP2021000396, including applicable fees for LA County inspections. CBF -2 BIDDER: United Storm Water, Inc. NO. ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE ITEM COST Furnish and install Automatic Retractable Screens (ARS) Units (WGARS-18.1' + TO 21.5' (L)), including meeting all LACDPW permit requirements for a complete installation. The contractor will be 4 required to obtain permit EA 11 $ 4,100.00 $ 45,100.00 amendment from LACDPW, and the bid shall include all applicable permit amendment costs for permit # FCDP2021000396, including applicable fees for LA County inspections. Furnish and install Automatic Retractable Screens (ARS) Units (WGARS-25' + TO 28' (L)), including meeting all LACDPW permit requirements for a complete installation. The contractor will be 5 required to obtain permit EA 2 $ 6,150.00 $ 12,300.00 amendment from LACDPW, and the bid shall include all applicable permit amendment costs for permit # FCDP2021000396, including applicable fees for LA County inspections TOTAL BID AMOUNT IN NUMBERS $ 188,600.00 TOTAL BID AMOUNT IN WORDS: ONE HUNDRED EIGHTY-EIGHT THOUSAND, SIX HUNDRED DOLLARS AND ZERO CENTS I The award of Contract shall be based on the TOTAL BASE BID AMOUNT. I In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall eovem over fieures. Full compensation for the items listed to the right as Items A, B, C, D and E are considered as inclusive in each Bid Item listed above in the Bid Schedule as applicable, and no additional and/or separate compensation will be allowed. A. Mobilization / B. Traffic Contra C. NPDES, W WECP, and Best Management Practices (BMPs), Public Convenience and CBF -3 BIDDER: United Storm Water, Inc. E. -Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. Ifthe Bid lists any Additive Alternate bids, the ADDITIVE ALTERNATE BID ITEMS shown per the ADDITIVE ALTERNATE BID SCHEDULE above will not be taken into account in determining the lowest responsible bidder. City may add bid items from the ADDITIVE ALTERNATE BID SCHEDULE at the sole and complete discretion of the City as part of the performance of the contract. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount ofthe Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10% Dollars ($ 10% of Bid Amount ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF -4 BIDDER: United Storm Water, Inc. The undersigned offers and agrees that if this bid is accepted, itwill assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed within the working days Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. 1 The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -5 BIDDER: United Storm Water, Inc. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: Ramon Menjivar, Sales Manager 2/6/2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. I Dated 2/08/2024 Addendum No. Dated Addendum No. Dated Addendum No. Dated BIDDER: United Storm Water, Inc. PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE 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 checkmark 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 prosecytpn. Eduardo C. Perry Jr., President 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 X No If the answer is yes, explain the circumstances in the following space. From November 2018 through September 2020 United Storm Water was temporarily suspended from eligibility for award of any new Federal contracts pending resolution of a legal matter. The legal matter has since been resolved, suspension was lifted, and United has no limitations regarding bidding of any kind, federal or otherwise. CBF -7 BIDDER: United Storm Water, Inc. 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 thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CBF -8 By: A Signature Eduardo C. Perry Jr. Type or Print Name President Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: BIDDER: United Storm Water, Inc. 14000 E. Valley Blvd. Business Street Address Industry, CA 91746 City, State and Zip Code (626) 961-9326 Telephone Number California N/A Bidder's License Number(s): 768583 (A, HAZ, C21, C31, C42, C27) Department Industrial Relations Registered No. 1000012438 NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -9 UNITED STORM WATER, Inc. N1111WTrotecting Our Water Resources UNITED STORM WATER, INC. Action by Unanimous Written consent of the Board of Directors June 12, 2022 The undersigned being all the Directors of United Storm Water, Inc., a California S Corporation, take the following action by written consent, pursuant so to authorization So, to act as contained in the Bylaws of this S Corporation and in Section 307(b) of the California General Corporation Law: ELECTION OF OFFICERS: RESOLVED: As of June 12"i, 2022, Robert S. Pina has resigned as Secretary of United Storm Water, Inc. Motion has been made to install Lydia Perry as Secretary/Treasurer replacing Robert S. Pina. Motion has been seconded by Eduardo Perry, Jr. that the following persons are hereby elected and reelected to the offices set forth opposite their names until the next annual meeting of the Board Of Directors, or until the election of their successors: Eduardo Perry, Jr. Daniel C. Perry Lydia Perry Daniel C. Perry AUTHORITY TO CONTRACT: President Chief Financial Officer Secretary/Treasurer Vice President RESOLVED: That the following persons are hereby authorized to enter into, and sign contract and contractual relationships on behalf of the Corporation Eduardo Perry Jr Daniel C. Perry Lydia Perry President Vice President Secretary/Treasurer 14000 E. Valley Blvd., City of Industry, CA 91746-2801 Office (626) 961-9326 Fax (626) 434- 6994 www.unitedstorniwater.com =\N UNITED STORM WATER, Inc. 'Trolectinrg Our Water Resmerres DISTRIBUTION: RESOLVED: That this S Corporation is hereby authorized if required to distribute a cash distribution in an amount necessary to cover taxes on the estimated year 2021 net income, to each shareholder in proportion to their individual respective interest as of December 31, 2021; and RESOLVED FURTHER: That any one or more of the officers of this S Corporation is or are hereby authorized and directed, on behalf of this S Corporation, to do all things necessary and proper to cause the aforesaid cash distribution to be made by this S Corporation on or before March 31, 2022. CORPORATE BANKING: RESOLVED: That the Board of Directors hereby in negotiations to increase and renew a line of credit with Pacific Western Bank in the amount of $800,000 to be used prudently by this S Corporation, from time to time, to meet the S Corporation financial obligations. Said loan shall be evidenced by a note, security agreement and guarantees of the S Corporation and its officers, upon all of the terms previously reviewed and approved by this Board; and Corporation are hereby ratified and approved, and that said documents shall be placed in the Minutes Book of this S Corporation for future reference. RATIFICATION OF S CORPORATION ACTS: RESOLVED: That all acts of the officers of this S Corporation, taken on behalf of this S Corporation during the period since the last annual meeting of the Board are confirmed and ratified. Eduar o Peny Daniel C. Pen 4yd'JaPer 14000 E. Valley Blvd, City of Industry, CA 91746-2801 Office (626) 961-9326 Fax (626) 434- 6994 www.unitedstorniwater. conn BIDDER: United Storm Water, Inc. SECTION2 BID DATA FORMS CBF - 10 Bond No. CSBA-26125 BIDDER: United Storm Water, Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT United Storm Water, Inc. as Principal, and Arch Insurance Company 'as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Amount Bid DOLLARS ($10% ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the STORM WATER CATCH BASIN UPGRADE — PHASE II, PROJECT No. 49018 —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated February 14, 2024 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 6th day of February 2024 , United Storm Water, Inc. (SEAL) Arch Insurance Company (SEAL) Principal S ety By: By: — Signature Signature Shaunna Rozelle Ostrom, Attorney -in -Fact CBF -11 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. County ate unt f CalifornialLos Angeles On February 13, 2024 before me, Lillian Valdivieso, Notary Public name and title of the officer) personally appeared Eduardo C. Perry, Jr. 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&ey executed the same in his/her/th& authorized capacity(ies), and that by his/herkheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e) 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. LILUAN YALOIVIE50 WITNESS my hand and official seal. Notary Public . California _ oim;� Los Angeles County Commission 11319331 _� Y Comm. EaDires MaY 31, 301Signature (Seal) 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 02/06/2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VACCARo ANNVACCANotary WITNESS my hand and official seal. COMM. #2401942 @MELISSAMANN Public-CalibrniaORANGE COUNTYy Comm. Expires May 12, 2026 Signaturel(y) (Seal) Melissa Ann Vaccaro Bond No. CSBA-26125 20872 Dib Power ofAllornelJAths the acts oflhose namedherela, and they here no authorl0• to bind the Company escepf in the rammer mrd to file evtemhereln slated. Not vaUd for Note Loan, Letter of Credit, Currency Rale, Interest Rate or Residential Value Gnaramnr. POWER OF ATTORNEY Know All Peaom By That Presents: That the Arch Insurance Company, a corporation organized and existing under the taws of the Siete of Missouri, having its principal administrative office in Jersey City, New Jersey (hmeimfter referred toes the "Company") deal hereby appoint: Den Stong, Michael D. Stong and R. Nappl of Riveratde, CA (EACH) Benjamin Wolfe, Chelsa Literature of Sacramento, CA (EACH) Adrian Langrell, Arturo Ayels, Daniel Buckshot, Dwight Reilly, Frank Morena and Shatems Rosalie Ostrom of Orange, CA (EACH) its true and IavAbl Allomey(s)in-Fad, to make, execute, sal, and deliver from the date ofismance ofthis power for and an its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recogniances and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars (5150.000.000.001. This authority data not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The eacation of such bonds, undertakings, reagnizenom and Aker surety obligations in pursmnce of than pexins shall be as binding upon the aid Company as fully and amply to all idents and purposes, as if the same had ban duly executed and acknowledged by its regularly elected officers at its principal administrative offics in Jersey City, NewJtrsey. This Power of Mlorney is examod by authority of resolutions adopted by unanimous consent of the Baud of Dividers of the Com n aminate copies of which are hereinafter set forth and are hereby certifiedto by then u ned Secr pa Y on August 3I, 2022, true and Muaig eluyas being in ftdl farce and eRect: "VOTED, That the Chairman of dee Board, the President or the Executive Vim President, or any Senior Via President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and a0aneys-in-fsct and to authorize them Subject to the limitations set forth in their respective powers of Warrant, to execute an behalf of the Company, and attach the anal of the Company thereto. bonds, undertakings, recogniances and other study obligations obligatory in the more thereof, and eery Such officer of the Company may appoint agents rot acceptance of promo." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Diseases of the Company on August 31,2022: VOTED, That the ligation of the Chairman of the Board, the President. or the Executive Via President or any Senior Vice President of the Surely Business Division, or *air sppoimem designated in writing and filed with the Secretary, and the signature of the Secretary, the sell of the Company, and certifications by the Secretary, may be affixed by faaimile on any power of attorney or hand aecoted pursuant to the resolution adopted by the Bard of Directors on August 31,2M and any such power an exeddeat sealed and certified with respect to try band or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Tesdamny Whereon We Company has mused this instrument to be ' and W corporate mal to be affixed by thein authorized o0)cer; this L day of February, 2022. . Attested and CedMed Arch Insurance Company &. A.9X.,-- Rcpn . Shulman, Secretary � rale We Sophen C. Ruschak, Executive Vice President STATS OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS �(gigWl 1, Mickele Tcpodl, a Notary Public, do hereby certify that Regan A. Shulman and Stephan C. Ruduk personally known to me to be the acme patient whom mora am rapedivdy As Secretary and Executive Vice President of the Arch Inm um Company, a Capma0an organized and existing under the taws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this dry in person and severally acknowledged that they being thereunto duly authorized signed. waled with the corporate sal and delivered the said Instrument m the face and voluntary ad of aid corporation and a their own free and voluntary ads for the uses and purposes therein rat fah CWOKNNMq aim as ' 'ths"gest AKMNg/A100Ir 111110111,141blit tlG. v/ 44 (�pMga�a�u,vi_ Michisie Uporfi. Notoultistblic My assimilation expiry 07/312025 CERTIFICATION I, Regan A. Shulmm, Secretary of the Arch Insurance Company, do hereby catity got the attached Power of Attorney dated February 10, 2023 an babel I of the person(s) as listed above is a rte and coma copy and that the ami has bask in PoII form and effect since the date Ihereofand is in full force and efface on the date of this certificate; and 1 do hmher testify that the aid Stephen C. Rumhak, who executad the Power of Attorney as Executive Vice Presided, was on the dace of execution oftheamched Powe of Attarmy the duly elected Executive Vim President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I hove haenmo Subscribed my aim and affixed the corporate mai of rise Arch Insurance Company an this6thday oflSbp)g)y, 2024 / - A. 9X� Relief A. Shulman, Secretary This Power of Attorney limits the acts of them named therein to the bonds and undatakings specifically named therein and they have no a 'ty to bind the Company except in the manner and to the extent herein stated PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Amb Insurance — Barely Division 3 Parkway, Suite 1300 • ,i I I i os AM Philadelphia, PA 19102 sm I To ver*the authentkhyofthis PaeFofAtMM,Pic'ue coYdactAreh Insurance CompernyotSur"VAe e.com Phrase refer to the above niepned AttomsythrPact ond'the dataDs of the band to which the poser Is attached. AICPOA040120 Printed in U.S.A. BIDDER: United Storm Water Inc. 2.13 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of I percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion ofthe Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it wil I allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.51/6) of the Total B id Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -12 BIDDER: United Storm Water, Inc. 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.** Name and Location Description of Work of Subcontractor to be Subcontracted Waste Disposal Name. United Pumoine Service. Inc. Address: 14000 E. Valley Blvd., Industry, CA 91 License No.: 617639 (A, HAZ, C21, C31, C42, A Department of Industrial Relation Registration No.. Name and Location of Subcontractor Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration CBF - 13 BIDDER: United Storm Water, Inc. 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: City of Culver City 9770 Culver Boulevard, Culver City, CA 90232-0507 Name and Address of Owner Denise Rabb (310) 253-5600 Name and telephone number of person familiar with project Fabrication and Installation of Connector Pipe Screens and $346,788.00 Automatic Retractable Screens July 2023 - November 2023 amount Type of Work 2. City of Inglewood I West Manchester Blvd., Inglewood, CA 90301 Name and Address of Owner Thomas Lee (310) 412-5333 ext. 5611 Name and telephone number of person familiar with project Fabrication and Installation of $401,178.50 (2023) Connector Pipe Screens and July 2022 -November 2023 01,407,225.00 (2024) Automatic Retractable Screens January 2024 - Ongoing Contract amount Type of Work Date Completed 3. City of Huntington Park 6550 Miles Avenue, Huntington Park, CA 90255 Name and Address of Owner Cesar Roldan (323) 584-6320 Name and telephone number of person familiar with project Fabrication and Installation of Connector Pipe Screens and $152,516.50 Automatic Retractable Screens March 2022 - September 2022 Contract amount Work Date CBF -14 BIDDER: United Storm Water, Inc. 4. City of Hawthorne 4455 W. 126th Street, Hawthorne, CA 90250 Name and Address of Owner Heecheol Kwon (310) 349-2984 Name and telephone number of person familiar with project Fabrication and Installation of Connector Pipe Screens and $374,432.00 Automatic Retractable Screens May 2020 - May 2022 Contract amount Type of Work Date Completed CBF - 15 BIDDER: United Storm Water, Inc. SECTION NON-COLL USION A FFIDA VIT CBF - 16 BIDDER: United Storm Water, Inc. NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. V �v Signature Eduardo C. Perry Jr. Typed or Printed Name President Title United Storm Water, Inc. Bidder Subscribed and swop before me This $L day of ru.crAA/ 20 ZL� Io—taryl Public in and for the State of California My Commission Expires: 5-zi - 6027 CBF -17 (Seal) LILLIAN VALDIVIE30 Notary Public • California ? Los Angeles County r Commission a 2329332 ]+M o My Comm. Expires May 31, 2024 J� f ` CITY OF ROSEMEAD CALIFORNIA ADDENDUM #1 QUESTIONS RECEIVED For STORM WATER CATCH BASIN UPGRADE PHASE II PROJECT No. 49018 Date Issued: February 8, 2024 Addendum for: STORM WATER CATCH BASIN UPGRADE PHASE II PROJECT NO. 49018 Addendum No.: 1 Addendum Date: February 8, 2024 Issued by: City of Rosemead Reminder 1: Please sign Addenda Acknowledgement on page CBF -3 of Bid Package Section Titled "Contract Bid Forms". Reminder 2: Bid due date is not changed. Bid due date is 10:30 AM, on February 14, 2024. This Addendum 1 issues responses to the following questions received: Question 1: Is the Bidder to assume that the extracted waste from pre -installation catch basin cleaning is to be non -hazardous for cost estimating purposes? If the extracted waste is determined to be a hazardous, please either confirm that a change order would be issued to additionally compensate the Contractor, or add a separate line item for the disposal of hazardous waste. Response 1: Encountering hazardous waste within a catch basin would be considered unforeseen. If hazardous waste is encountered, it would be a contract change order. Phase I of this catch basin upgrade did not encounter any hazardous waste within catch basins that were retrofitted. Question 2: Builder's Risk Insurance (Exhibit B, pdf page 45)-- Please confirm if Builder's Risk Insurance is indeed required for this project as this would be an additional cost to Bidders. This type of coverage is typically intended to cover the course of construction on a building or new structure. Response 2: Builder's Risk Insurance is confirmed to be required per the City of Rosemead's standard insurance requirements listed in Exhibit B. Question 3: Does the city require the ARS devices to be pre -manufactured prior to installation, rather than manufactured on-site? Response 3: ARS's are custom fabricate to fit each catch basin and they have to be manufactured prior to installation. Question 4: Due to manufacturing lead times, it could take up to 6-8 weeks to receive the ARS devices after measurements have been confirmed. Measurements can take 1-2 weeks depending on deficiencies found with the curb inlet structures. Will the city count this lead time against the total allowable working days stated in the RFP? Response 4: Long lead times would not be counted toward project working days as long as the contractor provides sufficient documentation and communication to notify of any long lead time items. Addendum 1, Page I Question 5: Are there any FTC or filtration devices currently installed in the inlets that could interfere with the ARS devices bein¢ installed? Response 5: There are no Devices installed. Question 6: Will the city accept an equal or better brand of ARS device other than what is specified in the RFP? Response 6: The ARS devices will need to comply with Los Angeles County of Public Works requirements. Existing LA County permit will need to be amended by submitting the necessary exhibits/shop drawings through EPIC LA for review and approval prior to moving forward with installation of ARS Units. Question 7: Will the City waive the Builders Risk Insurance for this project? Response 7: Please see response to question 2. Question 8: Are any stonnwater units within this scope of work located in railroad, bus stop, or other transit right-of-way? Response 8: Coordinates for catch basins are listed on Appendix A of bid Project's Documents. There is no storm water unit located in railroad, bus stop or other transit right-of-way. Addendum 1, Page 2 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT PERFORMANCE BOND This Bond was Issued in Four (4) Original Counterparts Bond No. SU 1200762 Premium: $2,829.00 WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to United Storm Water Inc. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the STORM WATER CATCH BASIN UPGRADE — PHASE II, PROJECT No. 49018 and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated March 12, 2024 (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we United Storm Water, Inc. , the undersigned Contractor, as Principal, and Arch Insurance Company , a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of One Hundred Eighty -Eight Thousand Six Hundred and 00/100 dollars, ($188,600.00 ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his 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 the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 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 Specifications. March IN WITNESS WHEREOF, we have hereto set our hands and seals this 13th day on ,2024 United Storm Water, Inc. Principal/Contractor By. &% President Eduoyd C Jr. Arch lnsuraA Company Surety By: Aky At a -in- act, Shaunna Rozelle Ostrom The rate of premium on this bond is $15.00 per thousand. The total amount of premium charged, $ 2,829.00 (The above must be filled in by corporate surety.) PERFORMANCE BOND -2 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 Los Angeles On March 14, 2024 before me, personally appeared Eduardo C. Perry, Jr. Lillian Valdivieso, Notary Public (insert name and title of the officer) 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/sMeAOey executed the same in his/keFAheif authorized capacity(ies), and that by his/4e4th& 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.LILLIAN VALOIVIESO Not Public California Los Angeles County commission R 2329332 r M'1.0 My Comm. Expires May 31, 2024 Signature L (Seal) 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 March 13 2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA ANN VACCARO WITNESS my hand and official seal. COMM. #2401942 Oycomm. Notary PUVICialifornia ORANGE COUNT Expires May 12.2026 Signature 'Cr— i (Seal) Melissa Ann Vaccaro Bond No. SU 1200762 20872 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF -ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint- Ben Stong, Michael D. Stong and R. Nappi of Riverside, CA (EACH) Benjamin Wolfe, Chelsea Liberatore of Sacramento, CA (EACH) Adrian Langrell, Arturo Ayala, Daniel Huckabay, Dwight Reilly, Frank Morones and Shaunna Rozelle Ostrom of Orange, CA (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars ($150,000,000.001. This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company 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 its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 31, 2022, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect. "`VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process " This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 31, 2022: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31, 2022, and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate said to be affixed by their authorized officers, this 10's day of February, 2023. Attested and Certified ' . Arch Insurance Company WlKT V 0 GlL, IiTY. Regan .Shulman, Secretary Stephen C. Ruschak, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS NiSiOill� I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. SW AV 62CG5 Mich a podi, Nota blit (aarll4lNtlMrlbrt rldtit2 My commission expires 07/31/2025 CERTIFICATION I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated February 10, 2023 on behalf of the person(s) as listed above is awe and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 13thday of March , 2024 ReM A. Shulman, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: rev Arch Insurance — Surety Division 3 Parkway, Suite 1500 WIUV1NTf Philadelphia, PA 19102 6 tin To verify the authenticity of this Power of Attorney, please cor-tact Arch Ir sacaace Compney at SuretyAuthentic@archinsurance.com Please refer to the above named Attorney-hsFact"the detui(s of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. THE FINAL PREMIUM IS This Bond was Issued in Four (4) PREDICATED ON THE Original Counterparts FINAL CONTRACT AMOUNT Bond No. SU 1200762 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to United Storm Water Inc. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the STORM WATER CATCH BASIN UPGRADE — PHASE II, PROJECT No. 49018 and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated March 12 2024 (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we United Storm Water Inc. , the undersigned Contractor, as Principal and Arch Insurance Company , a corporation organized and existing under the laws of the State of Missouri and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of One Hundred Eighty -Eight Thousand Six Hundred and 00/100 dollars, ($188,600.00 ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of PAYMENTBOND-1 the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way 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, we have hereto set our hands and seals this 13th day on March 2024 United Storm Water, Inc. PrincipaUContractor By: l President & C. Arch Insura Company Surety By: A -in- t, 'U&a Rozelle Ostrom PAYMENT BOND -2 r- 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 Los Angeles On March 14, 2024 before me, Lillian Valdivieso, Notary Public (insert name and title of the officer) personally appeared Eduardo C. Perry, Jr. , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/eheAMy executed the same in his/i4-,�,f;,sm authorized capacity(ies), and that by his/4er4h& 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 ltx_" 7, IILL19 NotaryLos Angeles Coantynia #c �' Commission # 2329332 r My Comm. EzPkes May 31, 2024 (Seal) 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 March 13 2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MELISSA ANN VACCARO �t.%-. COMM.#2401942 Notary Pub:icCalifornia ORANGE COUNTY n My Comm. Expires May 12, 2026 Signature (Seal) Melissa Ann Vaccaro Bond No. SU 1200762 20872 This Power of Attorney limits the acts of those named herein, and they have no authority to hind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Leder of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Ben Siong, Michael D. Stang and R. Nappi of Riverside, CA (EACH) Benjamin Wolfe, Chelsea Liberatore of Sacramento, CA (EACH) Adrian Langrell, Arturo Ayala, Daniel Huckabay, Dwight Reilly, Frank Morones and Shauna Ruulle Ostrom of Orange, CA (EACH) its We and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding One Hundred Fitly Million Dollars ($150.000.000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company 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 its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 31, 2022, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect. "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations act forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 31, 2022: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31, 2022, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 10'" day of February, 2023. ft. Attested and Certifiedd9 { SOA Arch Insurance Company ( 5F-4 A. ;^�� i4n Regan'ab Shulman, Secretary Stephen C. Ruschak, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS MiSfAYI� I, Michele Tripod!, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth, a umhr�aliha Rtnedhvdatktltyspl ' .rxt. ,.-.I -� Michelkwpodj, NotarYlsublic 6mr1tNi1ets11rThar l%ilii My commission expires 07/31/2025 CERTIFICATION I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated February 10, 2023 on behalf of the persons) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 13thday of March , 2024 /� Q'7 . A . LI Re A. Shulman, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: rg Arch Insurance — Surety Division 3 Parkway, Suite 1500 - VJaIOIfVf Philadelphia, PA 19102 - _ - b am To verify the authenticity of this Power of Attorney, please contort Arch Insurartce Company at SuretyArthenticaa``rchinsurance.com Please refer to the above named Attorney-WFact andthe detalk Df the band to which the power is attached. AICPOA040120 Printed in U.S.A. United Storm Water, Inc. INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include United Storm Water, Inc. the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, United Storm Water, Inc. officials, employees, agents, and volunteers shall be additional insurer under such policies using standard ISO endorsement No. CG 2010.. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. United Storm Water, Inc. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in anyway involved in the performance of work on the project contemplated by this Contract to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered United Storm Water, Inc. shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. O A�® CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDYYYY) 3/4/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bolton Insurance Services LLC 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 vw✓w.boltonco.com 6004772 CONTACT NAME: PHONE 626 799-7000 ac No: 626 583-2117 EMAIL ADDRESS: INSURERS AFFORDING COVERAGE NMC It INSURER A: Greenwich Insurance Company 22322 INSURED United Storm Water, Inc. 14000 East Valt Blvd. City of Industry CC INSURERB: XL Insurance America Inc. 24554 INSURER C: Indian Harbor Insurance Company 36940 INSURER:: XL S ecial Insurance Company37885 INSURERE: Endurance Risk Solutions Assurance Co 43630 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR RN_ TY OFINSURANCE AOL SUB M POLICYNUMBER MMIDD/Y_156Ern MWDO� LIMITS A �/ COMMERCIAL GENERAL LIABILITY ✓ GEC3001691 12/31/2023 12/31/2024 EACHOCCURRENCE $1000000 PREMISES Ea occurrence $100000 CLAIMS -MADE M✓ OCCUR MED EXP Any one Pelson $5,000 PERSONAL&ADV INJURY $1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS-COMPIOPAGG $2000000 POLICY �PRO- ❑LOC JECT B OTHER: AUTOMOBILEL1AB1uTv AEC0062630 12/31/2023 12/31/2024 cA aB�tlent51NGLE LIMIT $1 o00 000 BODILY INJURY (Per person) $ C✓ ANY AUTO AE00062631 BODILY INJURY (Per acdtlam) $ OWNED SCHEDULED AUTOS ONLYALFOS HIRED NON -OWNED ✓ AUTOS ONLY q AUTOS ONLY PROPERTY DAMAGE $ Per ecGOent $ C UMBRELLA LIAB�/ OCCUR UECO062632 12/31/2023 12/31/2024 EACH OCCURRENCE $10000000 AGGREGATE $10,000,000 ✓ EXCESS LIAR CLAIMS -MADE DED ✓ I RETENTION $10.000 WORKERS COMPENSATION $ / BTARTUTE OERH 0 VVEC3001692 12/31/2023 12/31/2024 E.L. EACH ACCIDENT $1000000 AND EMPLOYERS'LIABILITY YIN ANYPROPRIETORJPARTNERTXECUTIVENIA OFFICERMIEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE1 $ E.L. DISEASE -POLICY LIMIT $1000000 $15,000,000 Each Claim/Agg / $25,000 Ded. $15,000,000 Each Claim/Agg / $25,000 Ded. $5Mil xs of $1 OMil Ea Occ/Aggregate C C E Ityes, describe Nndar DESCRIPTION OF OPERATIONS below Pollution Liability - Claims Made Professional Liab - Claims Made Excess Liability IPECO048963 PECO048963 XSC30014805202 12/31/2023 12/31/2023 12/31/2023 12/31/2024 12/31/2024 12/31/2024 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, AddiBanal Remaft Schedule, may be atlachad if more space Is mquired) Re: ProGL Additionact al nsured apfpl es per Cch Basin U G201101219ade s& CG20371219, only if required by written contractlagreement GL Primary & Non -Contributory per XIL4240605 attached. Excess policy is follow form. GL, Auto & WC Notice of Cancellation per IL00171198 & WC990110108. Additional Insured(s): City of Rosemead, its officials, employees and agents. I MIMI lrl4 mIC nuLun —•-"----"'—'- Project #49018 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rosemead THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 8838 E. Valley Boulevard ACCORDANCE WITH THE POLICY PROVISIONS. Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE Cassandra Rosales ._a ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 18925847 1 UNITPUM-01 1 23-24 All Lines I Jonathan Alvarado 1 3/4/2024 8:00:12 AM (PST) I Page 1 Of 9 AECO062630 12/31/2023 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 1198 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 1198 Copyright, Insurance Services Office, Inc., 1998 ]092584] 1 UNITPUM-01 1 23-24 All Linea I .Iona Nan Alvarado 1 3/4/2024 8:00:12 AM (PST) I Page 2 of 9 Page 1 of 1 ❑ POLICY NUMBER: GEC3001691 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization where required by All Locations as required per written contract written contract provided that such contract was executed prior to the date of loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only With respect to liability for bodily injury', "property damage' or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 2. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2018 18925841 1 UNITPUM-01 1 23-24 All Lines I Jonathan Alvarado 1 3/4/2024 8:00:12 AM (PST) I Page 3 of 9 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 1219 18925847 1 UNITPUM-01 1 23-24 All Linea I Jonathan Alvarado 1 3/4/2024 8:00:12 AN (PST) I Page 4 of 9 POLICY NUMBER: GEC3001691 COMMERCIAL GENERAL LIABILITY CG 20 37 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization where required by written contract provided that such contract was executed prior to the date of loss All Locations as required per written contract. Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to ,include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. © Insurance Services Office, Inc., 2018 78925047 1 UNITPUM-01 1 23-24 All Lines I Jonathan Alvarado 1 3/4/2024 8:00:12 AM (PST) I Page 5 of 9 Page 1 of 1 ENDORSEMENT# This endorsement, effective 12:01 a.m.,12/31/2023 , forms a part of Policy NO.GEC3001691 issued to United Pumping Service, Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. 18925641 1 UNITPUM-01 1 23-24 A11 Lines I Jonathan A1vamCo 1 3/4/2024 8:00:12 AM (PST) I Page 6 0£ 9 ENDORSEMENT# This endorsement, effective 12:01 a.m., 121311202�forms a part of Policy No. GEC3001691 issued to United Storm Water, Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. 78925847 I UNITPUM-01 1 23-24 All Lines I Jonathan Alvarado 1 3/4/2024 8:04:12 AH (PST) I Page 7 of 9 GEC3001691 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to US. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at anytime; IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 78925847 1 UNITPUM-01 1 23-24 All Lines I Jonathan Alvarado 1 3/4/2024 8:00:12 AM (PST) I Page 8 of 9 Page 1 of 1 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01 B CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3A. of the Information Page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Canceladon: 1. You may cancel this policy. You must mail or deliver advance written notice to us slating when the canoelation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Material failure to comply with federal or state safety orders or written recommendations of our designated loss control representatives; h. The occurrence of a material change in the ownership of your business; I. The occurrence of any charge in your business or operations that materially increases the hazard for frequency or severity of loss; j. The occurrence of any change in your business or operefion that requires additional or different classification for premium calculation; k. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel yourpoticy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancelation is to take effect Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (k), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of policy effective upon a material change in ownership or operations, notice will not be provided. 4. If we mail the notice to you, the stated periods of notice and your right to remedy the condition will be extended by 5 days if the place of mailing and your mailing address is within California, 10 days if the place of mailing oryour mailing address is outside of California and 20 days if the place of mailing or your mailing address is outside of the United States. 5. The policy period will end on the day and hour stated in the cancelation notice. WEC3001692 WC 04 06 01 B (Ed. 01-22) 78925847 I UNITPUM-01 1 23-24 All Lines I Jonathan Alvarado 1 3/4/2024 8N0:13 AM (PST) I Page 9 of 9