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CC - Item 2B - Public Safety Center Upgrades Project No. 31028 - Award of ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER 1/ -- DATE: OCTOBER 22, 2024 SUBJECT: PUBLIC SAFETY CENTER UPGRADES PROJECT NO. 31028 - AWARD OF CONTRACT SUMMARY The Public Safety Center provides an array of safety and security related services in the City of Rosemead. The Public Safety Center serves as a substation for the Sheriffs Department, with an office space of approximately 4,016 square feet. Currently, Los Angeles Sheriff deputies that are assigned to the City of Rosemead commute into Rosemead from the Temple Sheriff Station located on Las Tunas Drive in the City of Temple City. Due to the lack of amenities and security features, the Public Safety Center is not adequate as a headquarters for Sheriffs deputies and is not conducive to the Sheriffs investigative work and responsiveness. As such, the Public Safety Center would benefit from the necessary project design that was coordinated by City staff. Upgrades include but are not limited to providing a secured parking lot with gated keypad entry and lighting, locker room, redesign of the lobby and public counter, redesign of the restrooms to include a shower for Sherriff deputies, upgrading office space and meeting room, installation of new doors, carpeting, paint, landscaping, and a temporary holding area for animals. A review of the existing roof system was also determined to need replacement along with replacement of the existing Heating, Ventilation, and Air Conditioning system. On September 4'h, 2024, the City received three (3) bids. Based on staff s comprehensive bid analysis, the bid submitted by Royal Construction Corp, in the amount of $2,388,000, is determined to be the lowest responsive bid. As discussed below, Royal's bid contained some minor irregularities that staff and legal counsel have determined are immaterial and may be waived. DISCUSSION A Notice Inviting Bids was published in local newspapers and trade publications on July 11`h and July 18d, 2024. Bids were received through the City's PlanetBids portal until 10:30 am on Wednesday, September 4t', 2024. The City received three (3) bids with the following results: AGENDA ITEM 2.B City Council Meeting October 22, 2024 Page 2 of 4 Bid Results: Contractor Location Bid Amount Royal Construction Corp Arcadia $2,388,000 The Nazerian Group Encino $2,784,123 MLC Constructors Corona $3,151,187 Staff conducted a bid analysis and verified CA contractor's licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references for Royal Construction Corp. During the bid analysis phase, Staff identified certain irregularities in Royal Construction Corp.'s bid. The awarding authority may exercise its discretion to waive minor irregularities, defects or informalities in the bids or proposals, provided the waiver would not affect the amount of the bid or proposal or give a competitive advantage upon the bidder or proposer an advantage over others. (See Bay Cities Paving & Grading. Inc. v. City of San Leandro, 223 Cal. App. 4th 1181, 1188.) Staff, in consultation with legal counsel, determined the irregularities in Royal Construction Corp.'s bid would not change the bid amount or give Royal Construction Corp. a competitive advantage, and therefore were not material to the bid. Staff requested that Royal Construction Corp elaborate on items found within their submitted bid proposal. The action items Staff requested from Royal Construction Corp. included the following: 1. Provide confirmation that the written amount listed on their bid forms is the amount Royal Construction Corp. intended to bid. 2. Provide a check mark to the questionnaire on page CBF 10 declaring that the bidder either has been or has not been convicted within the preceding three years. 3. Provide one additional public agency reference for Section 2.0 of the project bid forms. 4. Submit Appendix F (Certifications for Federal -Aid Contracts) in its entirety. Royal Construction Corp. submitted all requested information within the allotted 48 hours. Staff reviewed Royal Construction Corp.'s submittals and determined that it is qualified to bid and perform the Work. The bid submitted by Royal Construction Corp in the amount of $2,388,000 was confirmed and determined to be the lowest responsive bid. STAFF RECOMMENDATION It is recommended that the City Council: 1. Approve the plans and specifications for the Public Safety Center —Project No. 31028; 2. Waive the minor irregularities in Royal Construction Corp.'s bid; and City Council Meeting October 22, 2024 Page 3 of 4 3. Authorize the City Manager to execute a contract with Royal Construction Corp, for the bid amount totaling $2,388,000. In addition, authorize an amount of $238,800 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total construction budget of $2,626,800.00. FINANCIAL IMPACT The project is included in the Fiscal Year 2024-25 CIP budget and consists of an approved $2,800,000 in American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLRF). The following is the breakdown of the construction phase budget for the base bid: Construction Contract $2,388,000.00 Construction Contingency (10%) $238,800.00 Total Construction Budget $2,626,800.00 ENVIRONMENTAL REVIEW Since the proposed work involves the rehabilitation of an existing public facility, the project is Class 1 Categorically Exempt pursuant to Section 5301 of the California Environmental Quality Act (CEQA). STRATEGIC PLAN IMPACT The project is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding the use of wireless network technology and renewable energy. The Project is also Consistent with the City of Rosemead's Strategic Plan Goal D — Parks and Programs, which is to expand the existing green space, parks, City facilities, and programs available through community partnerships, expanded community stewardship, and development of a more robust cultural programming. City Council Meeting October 22, 2024 Page 4 of 4 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: W4�L onardo Mirtinez Transtech Engineers Submitted by: 6&A a:�:=, Albert eung Acting Director of Public Works Attachment A: Bid Opening Results Attachment B: Royal Construction Corp Bid Proposal Attachment C: The Nazerian Group Bid Proposal Attachment D: MLC Constructors Bid Proposal Attachment E: Construction Contract with Royal Construction Corp Attachment A Bid Opening Results MINUTES OF THE BID OPENING NOTICE OF INVITING BIDS -NIB NO. 2024-23 PUBLIC SAFETY CENTER UPGRADES PROJECT NO. 31028 Due Wednesday, SEPTEMBER 4, 2024, at 10:30 a.m. A total of 3 bids were received. Submitted By: Ericka Hernandez, City Clerk Contractor City Date/Time Received Bid Amount 1. Royal Construction Corp 9/4/2024, 10:15:12AM $2,388,000.00 2. The Nazerian Group 9/4/2024, 10:27:33AM $2,784,123.00 3. MLC Constructors 9/4/2024, 09:26:38 AM $3,151,187.00 Submitted By: Ericka Hernandez, City Clerk Attachment B Royal Construction Corp Bid Proposal BIDDER: CITY OF ROSEMEAD Royal Construction Corp. PUBLIC SAFETY CENTER UPGRADES PROJECT No. 31028 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: Royal Construction Corp. BASE BID SCHEDULE SCHEDULE OF PRICES FOR PUBLIC SAFETY CENTER UPGRADES PROJECT No. 31028 ITEM DESCRIPTION COST 01 Limited Pre -Renovation Lead Abatement (per Property Health, Inc. Report — See Appendix A) W 02 Limited Pre -Renovation Asbestos Abatement (per Property Health, Inc. Report —See Appendix B) $ Q (7 03 Reroofing of Existing Public Safety Center Roof (See Appendix E and Addendum 3, Attachment B). Scope to include removal ofZ existing roofing system and replacement of new Roofing System. Contractor is to also obtain Building Permit from the City of Rosemead Building and Safety Department. $ 2� 04 Animal Kennels (See Sheet A1.23 and item 73 per Addendum 3) $' Division 1 General Requirements CSI DESCRIPTION COST 01 10 00 General Conditions S .j 2- 011001 011001 Overhead and profit $ Z Z, CQO 01 10 02 Bonds and Insurance $ 3 r opt 01 40 00 Quality control provisions per Section 014000 (Quality Requirements) of the Specificafions. $ 'i C)OD 015000 Temporary Facilities (Temporary Toilets, Hand Wash Stations) $ 01 1719 Waste Management (Construction Waste Management and Disposal) $ (S r fi O (� 01 74 23 Final Cleaning (Final cleaning for move in and final building tum over) $ '101 D O V Division 2 Demolition CSI DESCRIPTION COST CBF -2 BIDDER:`', cnstruction Corp. 024100 Site Demolition (Sidewalks, AC Paving & Base, Landscape, Irrigation, Misc Demolition)$ 57 C, ` 02 41 01 Grading (Cut & Fill, Scarify, Water and Compact Subgrade, Fine Grading to Hardscape) $ 0 024102 Erosion Control (Gravel Bag Check Damns, Stabilization, Concrete Washout, Maintenance) $ (C-) G C 024103 Site Lighting (Trench, backfill, wall packs -55W LED, J -Boxes -WP, Lighting Conductors) $ l! ©(� (� t 0241 04 Site Power (Motor Connect to Gate, J -Boxes -WP, Detection Loops, Pedestal Card Reader) $ (j 0241 05 Interior Foundation (For Gun Safe) $Q A 024106 Interior Partitions (Interior walls and doors) $ U (-) 024107 Interior Finishes (Flooring, Tiles, T -Bar Ceilings, Misc.) $ Z ` , 6 (`.' 02 41 08 Plumbing Fixtures (Restrooms, Kitchen Sink, Drinking Fountain, Misc.) $ ` L C, 02 41 09 HVAC (Existing RTU's, Ducts, Vents, Registers, Air Handlers, Return Air) $ 02 41 10 Electrical (Existing Electrical As Required for new work.) $ —I, C) � Division 3 Concrete CSI DESCRIPTION COST j 030516 Underslab Vapor Barrier (Underslab and Footing at Gun Safe) $ ( t �/ L 031000 Concrete Forming (Concrete Roof at Gun Safe and Interview Room) $ c f l 03 20 00 Concrete Reinforcing (Underslab and Footing at Gun Safe and Interview Room) $ 03 30 00 Cast -In -Place Concrete (Concrete Roof at Gun Safe and Interview Room) $ C(f e 033511 Concrete Floor Finishes (Concrete Floor at Gun Safe) S Z �% Division 4 Masonry CSI DESCRIPTION COST CBF -3 BIDDER: Royal Construction Corp. 04 20 00 Unit Masonry (Masonry Wall for Gun Safe and Existing Fence) $ Z k r C00 Division 5 Metals CSI DESCRIPTION COST 05 70 00 Decorative Metal (Guardrails for Drinking Fountain) $ Division 6 Wood, Plastics, and Composites CSI DESCRIPTION COST 061000 Rough Carpentry (All Rough Carpentry Required for the Project) $ 1 U D 0 064100 Architectural Casework (Cabinets/Counters as shown for Restrooms, Offices, and Auditorium) $ Division 7 Thermal and Moisture Protection CSI DESCRIPTION COST 07 92 00 Join Sealants (Restrooms and new Exterior Transaction Window) $, Division 8 Openings CSI DESCRIPTION COST 081113 Hollow Metal Doors & Frames (Refer to Sheet A8.01) $ 081416 Flush Wood Doors (Transaction Door 102A (Specialty Door, Ballistic Resistance with Tray)) $ 1.3 f Cub 08 30 00 Transaction Window (Level 3 Ballistic Resistant with Speak Thru and Tray) $ ! Q 7 t 084000 Armory Vault Door (Basis of Design: Mnf. Overly, Model No. C5A- IIL-K I Class 5 Armory Door) $ t E)y Division 9 Finishes CSI DESCRIPTION COST 09 21 16 Gypsum Board Assemblies (New Interior Walls and Opening Enclosure) $ r -n f (Do c. 09 2216 Non -Structural Framing (All Required Interior Framing and Exterior Entry Canopy) $ t((Q CBF -4 BIDDER: Royal Construction Corp. 09 30 00 Tiling (All Restrooms and Shower Room, floors, base, walls) $ `D 095100 Acoustic Ceilings (Ceiling Plan Sheet A3.00) $ G CrID — 095423 Linear Metal Ceilings (Wood Veneer Cladding on Wall and Ceiling at Lobby Waiting Area. Sheet A9.41) $ '1 . l J0 0 09 65 00 Resilient Flooring (At Lobby per Sheet A2.01) / $ t I 096813 Tile Carpeting (Offices and Interview Room per Sheet A2.01) $ L GOD 09 91 13 Exterior Painting (New CMU Fence, New Metal Fences, & New Metal Entry Canopy) $ ti 0 _T 09 91 23 Interior Painting (Interior Painting Per Sheet A2.01 & as Required) $ i- c I O DD Division 10 Specialties CSI DESCRIPTION COST 101100 Magnetic Porcelain Whiteboard (8' x 4') (to also serve as Projector Screen) $ (E L 101100 Tack Board (Per A4.20) S 2 C`,) 0 (� 101419 Dimensional Letter Signage (Aluminum Lettering for Lobby Building Signage, see Sheet 111A4.20) 5 3 ( f) 1014 23 Panel Signage (Accessible, Room Identification, Building Exiting, Restroom Signage) $ U 10 28 00 Toilet & Bath Accessories (Restroom Accessories) 101000 Knox Box (Knox Box as required by the Fire Department) $ a 105113 Metal Lockers (Sherriff Locker Room (Include Wood Bench)) 107316 Metal Entry Canopy $ Division 12 Furnishings CSI DESCRIPTION COST 123600 Countertops (Cabinets and Support Brackets) S l 1 0 0 a CBF -5 BIDDER: Royal Construction Corp. 1215000 Furniture Tables, chairs, Work Stations (tbd with City and Architect) $50k Budget Division 22 Plumbing Fixtures CSI DESCRIPTION COST 221319 Tile Floor and Shower Drain $ < 22 40 00 Plumbing Fixtures (Restrooms, Shower, and Kitchen Sink - Refer to Plumbing Drawings) $ 01) 0 01C Division 23 Heating, Ventilation, and Air -Conditioning (HVAC) CSI DESCRIPTION COST 23 00 00 HVAC (New RTUs and AC System per Mechanical Drawings) $ a& r Division 26 Electrical CSI DESCRIPTION COST 260050 Power & Lighting (Electrical Power and Lighting Controls) $ 260055 Fire Alarm System (Fire Alarm, Conduit, Wiring, DAS/ERCES System per AHJ) $20k Budget 26 25 00 Data / Communication (Data for Access Control and Fire Alarm (Conduit and Boxes)) $10k Budget 26 50 50 Access Controls 1 Security (Access Control per Directive by City of Rosemead) $10k Budget Division 32 Exterior Improvements CSI DESCRIPTION COST 32 00 00 Exterior Improvements (AsphalUAsphalt Patching, ADA parking sign, sign pasts, concrete footings, new turf, irrigation lines, parkinglot light poles, gate motor, Per Civil Drawings) $ l LU O 321500 Aggregate Surfacing (Refer to Civil Drawings for New Parking Lot and Additional Information) $ l l (coo [43.1= BIDDER: Royal Construction Corp. 321623 Sidewalks (Per Civil Drawings and per sheet A1.00 (Animal Kennel & Keynote 0208)) 321713 Parking Bumpers (Per Civil Drawings) $ job, O O a 321723 Pavement Markings (Per Civil Drawings and Architectural Sheets S on o A1.00 & A1.22) 3217 26 Tactile Warning Surfacing (Per Civil Drawings and Architectural $ ` Sheets A1.00 & A1.22) 32 31 19 Decorative Metal Fences & Gates (Per Sheet A1.21 (Note Custom $ p o p Rose Emblem and Fabric Privacy Screen)) 323136 ur ty Gates and Barriers (2 Secured Person Gates/Barriers G1 Security $� �� D O D & TOTAL BASE BID AMOUNT IN NUMBERS $-3 a., 000 TOTAL BASE BID AMOUNT IN WORDS: Tt%' kukU"n PUBLIC SAFETY CENTER UPGRADES The scope of work of this Lump Sum Bid Schedule includes all work identified in the Construction Plans, Technical Specifications, and Appendices as Follows: Part "C" Technical Provisions.........................................TP-1 —TP -175 Part "D" Appendix Appendix A - Limited Pre -Renovation Lead Report Appendix B — Limited Pre -Renovation Asbestos Report Appendix C — Project Plans Appendix D — Project Cut Sheets Appendix E - SBS Modified Bituminous Membrane Roofing Specifications Appendix F - Certifications for Federal -Aid Contracts The scope of work of this Lump Sum Bid Schedule also includes all work required by the Technical Provisions included in this Bid Package for the Public Safety Center Upgrades, Project No. 31028 Note: All work identified on the Construction Drawings, and required by the Technical Provisions, shall be furnished, complete in place, including all associated trades, furnishing all fixtures and furnishings, and completing all associated work necessary to deliverthe improvements in complete working order. In submitting this Lump Sum Bid, the Bidder acknowledges that there will be no CBF - 7 BIDDER: Royal Construction Corp. separate or additional payment made for completing the work required hereunder this Bid Schedule. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown 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 undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of / 0 `'�o Dollars ($ 2 51 -9'0 ) 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 fomtal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the 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 proiect is not completed within the working days specified on the Notice Inviting Bids The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Fonn and the Contract Documents. CBF - S BIDDER: Royal Construction Corp. 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 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. 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: Sonny Chan 08/08/24 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. 1 Dated 08/08/24 Addendum No. 2 Dated 08/19/24 Addendum No. 3 Dated oa/22/24 Addendum No. 4 Dated 08/29/24 CBF -9 BIDDER: ROYAL CONSTRUCTION CORP. 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 Califomia 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 prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _ No x If the answer is yes, explain the circumstances in the following space. CBF - 10 BIDDER: Royal Construction Corp. PuBLIc CoNTRAcT CoOE 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 cadoned that making a false certification may subject the certifier to criminal prosecution. CBF - 11 By: Signature Hanson Ho Type or Print Name President Title BIDDER: Royal Construction Corp. 11680 Goldring Rd., Ste A Business Street Address Arcadia, CA 91006 City, State and Zip Code 626-358-6688 Telephone Number Bidder's/Contractor's State of Incorporation. California Partners or Joint Venturers: Bidder's License Number(s): 444780 Department Industrial Relations 1000000672 Registered No. NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder wiU 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 -12 BIDDER: SECTION2 BID DATA FORMS CBF -13 Royal Construction Corp. BIDDER: ROYAL CONSTRUCTION CORP. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Fortes. 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 Bidders name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT ROYAL CONSTRUCTION CORP. as Principal, and NATIONWIDE MUTUAL INSURANCE COMPANY , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of TEN PERCENT OF AMOUNT BID ($ 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 PUBLIC SAFETY CENTER UPGRADES PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated AUGUST 21 ST, 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 15TH day of AUGUST 2024 ROYAL CONSTRUCTION CORP. (SEAL) NAIIUNWIUE MUTUAL INSURANCE UMPANY (SEAL) Principal Surety By: �,.yC t -c A'i29 By: Signature 4UA 6S 1 1+0 Signature IKEVIN VELA, ATTIFUEis FACT '�2� st tx�tT CBF - 14 Power of Atorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company. an Ohio corporation herelnalla referred to severalty as the 'Company" and Collectively as -the Companies- does hereby make. constitute and appoint: PHILIP E VEGA, MYRNA F SMITH, KEVIN VEGA, BRITTON CHRISTIANSEN anon in their Individual capacity. Its We and lawful at •fare. with full power and authority to sign. SaaL and execute an tis behalf any and all bonds and undertakings. and other obligatory InsWments of similar nabue, In penalties not exceeding the sum of UNLUVMD and to bbd the Company tlremby, as fully and to the Same extent as lf such Instruments were Signed by the duly authorized officers of the Company, and all acts of Sad Attorney pmend to the authority given are hereby ratified and confirmed. This power of attorney is made and emeuled pursuant to and by authority of tine following resolution duly adopted by the board of directors of is Company. 'RESOLVED. that the President. or any vibe president ba, and each hereby is, auUmdzed and empowered to appoint atomeysihHact of is Company, and o au borha them m emacs and deffveron behalf of the Company any and at bonds. forest. applications, ar moranrdums, undertakings, recognisances, transtsns, contacts of Indemnity, potdes, contracts guaranteeing the fideKy of person holding po rtionhs of public or private bust, and other writings obligatory In nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority: provided. however. that the authority granted hereby shall In ho way tat the authority ofother duty sutmrized agaes to sign and countersign any of said documents on behalf of the Company.' 'RESOLVED FURTHER, that arch adomeyWn4ad atWl have full power and aulhoo tr to execute and dealer any and a0 Such documems and to bind the Company Subject to the urns and I mAsdons of the power of attorney issued to them, and to elk the Seal of the Company thereto; provided, however, that said seal shall not be necessary for the vatdiry, of any such docurrierW This power of attorney Is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president any assistant secretary or any assessed treasurer shut have the power and authority to sign or attest all approved ocum atnahunts. contracts. or coat popes in Connection with the operation of tine business of the company In addition to the Chairmen of the board. Use chief executive officer. president, treasurer or sacoary, provided, however. the signature of any of them may be printed. engraved, or Stamped on any approved document, hxmbact inaWmom, a other papers of the Company. IN WITNESS WHEREOF, the Company has caused this Instrument to be sealed and duty attested by the signature of its officer the 201h day of August. 2021. rb. , d, INab d Newwrt Antonio C. Albanese, Vin President of Nationwide Mutual [naome& Company ACKNOWLEDGMENT , STATE OF NEW YORK COUNTY OF NEW YORK: as /�:••• ` � On this 20th day of August 2021, before me cans the above+ wad officer for the Company @I�C��+ aforesaid, to me pendndly known to be the officer described In and who executed the preceding ,,as •T ei.7rJt>•l,¢e bsbument, and he acknowledged the execution of the same. and Mcg by me duty ` iL4rvr•au r, JIM swonn, deposes and says, that M is the officer of the Carpaury dmassd. NM IM seal affixed " hereto Is the corporate seal of said Company, and the Said cmporso seal art this slgna we were WW -111111" ddy affixed and subscribed to said Instrument by the authority and direction of sold Compary. rb. , d, INab d Newwrt created In mw work Cant r err lst Wo®nrawhr oemwa.baa CERTIFICATE I. Laws S. Guy. Assistant Secretary tithe Company, do hereby caAty rant the foregoing is a Pori, lime and correct copy of the original power of attorney lasued by the Company t* On resdWon Included therein Is a true and correct trarsertyt from the minutes of the meetings of tit Mals of direheore and the same has not bean revoked or amended in any mamur, Dot Said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duty elected officer of the Company. and the corpo de seal and his elgnebae as officer were duty affixed and Subscribed to the Said W Wmant by the aMonry of said board of directow and the foregoing power of attorney is CIN In full force and affect IN WITNESS WHEREOF. I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate sed of said Company thisfah day Of A" 2M4 �6.fr to 17 - Assistant Secretary SOJ 1(oS-21)00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On August 15th, 2024 )ss. before me, Philip Vega, Notary Public Here Insert Name and Title of the Officer personally appeared Kevin Vega, Attorney -in -Fact Names) of Signer(s) PHILIP VEDA No.lfcrma � LOS uif O2r CommisSIn;49Ci E9 Mr _ Comm. Expires May i i. 2:29 > who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herHheir authorized capacity(ies), and that by his/herltheir 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 isyue and correct. WITNESS my hand and OPTIONAL Though the inrameb'on beta. Is nor required by law, it may pmve valuable to persons retying on the and reattachment or atla ram to another document. Description of Attached Document Title of Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signets Name: ❑ Individual ❑ Corporate Officer Mats): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: signets Name: ❑ Individual ❑ Corporate Officer Tille(s): ❑ Partner -❑ Limned ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Naudurenl removal CAIDOW2000.50111110151761.2 22 (UPDATED: 01-19) ACKNOWLEDGMENT A notary public or other officer completing this oeri ficate 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 LOS Angeles County of1 On 09/04/2024 before me, Erika Magaleon, Notary Public (insert name and tide of the officer) personally appeared Hanson Ho who proved to me on the basis of satisfactory evidence to be the person(p) whose name(s) is/aw subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in hisAwrHbeicauthorized capacity(ies), and that by his/her/dWr signature) on the instrument the person(, or the entity upon behalf of which the person? acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. wow w m r LwAnplaCcwty Commission 0 2798701 Aly Comm. E*mAir 18, 2026 r Signature CS��"""� O (Seal) BIDDER: Royal Construction Corp. 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractors 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 - 15 BIDDER: Royal Construction Corp 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work of Subcontr ctor `n to be Subcontracted P( J{rl. 101 M License No.: b (!y ci 1 V Department of Industrial Relation Registration Name and Location Name: Wi1 X4)? 1L �l ( C � r Address:ti License No.: 11L�I2 Department of Industrial Relation Registration Name and Location of Subcontractor License No.: I -)X-. - Description of Work to be Subcontracted r l (p Description of Work to be Subcontracted ff A + Department of Industrial Relation Registration No. I QM)M <, YL{ Name and Location Description of Work of Subcontractor to be Subcontracted `VAC, Name: , St `► it (;h Address: '2-2261 License No.: C :5 I Department of Industrial Relation Registration No. I000'Ci'�t L'L Name and Location License No.: Department i Registration CBF -16 Description of Work / / to be Subcontracted �/u(/ •ui° !ES BIDDER: Royal Construction Corp. 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 Av;10AAM ( / Name:. l 1 % S �110(t t imetIM �_iy ✓tt e �hakkq wY Address: 12 S4lSE. Gc 'L. Sk.�1—✓jsFx7 License No.: k'1 SONN Department of Industrial Relation Registration No. 1 opo ¢3L031 Name and Location of Subcontractor License No.: _ Department of Name and Location of Subcontractor Relation Registration License No.: 5 i 5 eZ `( Department of Industrial Relation Registration No.. Description of Work(, to be Subcontracted a� a. Description of Work 1'� to be Subcontracted '0Q(,yr $ IfAf 4141—Z Name and Location Description of Work ''`` of Subcontractor to be Subcontracted �i-EC�l1Sit[u f Name: 414Y..ceoSl��S Address: '31ji-11#1V1 License No.: -13 qg2(�, Department of Industrial Relation Registration No. t txYxo t(1(J Name and Location Description of Wor of Subcontractor / to be Subcontracted Po 1, 1 he - Name: J 1Gbt I ,J10pr t Address: /. t✓ih ! l MAI— M SS License No.: Department ofMdustrial Relation Registration No. . CBF -16 BIDDER: Royal Construction Corp. 2.B 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 C 'ut ftx%, k License No.: I b It L Q0 5 47 ✓ Department of Industrial Relation Registration Name and Location of Subcontractor License No.: Department t Name and Location of Subcontractor Description of Work to be Subcontracted , e&oftl . A Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. CBF -16 BIDDER: Royal Construction Corp. 2.0 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: 1. City of Los Angeles 201 N. Figueroa St., Ste 1400, Los Angeles, CA 90012 Name and Address of Owner Javier Gonzalez 213-847-4725 Name and telephone number of person familiar with project 29,393,341 Expand and upgrade historic Vision Theatre 02/26/24 Contract amount Type of Work Date Completed 2. Los Angeles County Development Authority 700 W. Main St., Alhambra, CA 91801 Name and Address of Owner Eric Chow 626-437-3659 Name and telephone number of person familiar with project 4,683,000 Renovation and addition of Temple City Library 05/17/22 Contract amount Type of Work Date Completed 3. City of Los Angeles Name and Address of Owner Ingrid Reyes 213-847-4805 Name and telephone number of person familiar with project 14,588,000 Granada Hills Pool & Bathhouse Replacement - In progress Contract amount Type of Work Date Completed CBF -17 4. BIDDER: Royal Construction Corp. and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -18 BIDDER: Royal Construction Corp. SECTION3 NON-COLLUSIONAFFIDAVIT CBF- 19 BIDDER: Royal Construction Corp. 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. I Signature Hanson Ho Typed or Printed Name President Title Royal Construction Corp. Bidder Subscribed and swom before me This ` Hday of 12024 Notary Public in and for the State of California My Commission Expires: 2[0 CBF - 20 (Seal) 0EBNA MAGALEON Notary Public - California , • Los Angeles County — Commissicn a 2398301 My Comm. Esplres Apr 18, 2026 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 Angeles Los An County of g On 09/04/2024 before me, Erika Magaleon, Notary Public (insert name and We of the officer) personally appeared Hanson Ho who proved to me on the basis of satisfactory evidence to be the person(§y whose name(§] islara subscribed to the within instrument and acknowledged to me that he/shafthey executed the same in histheftsicauthorized capacity(ies), and that by his/derlth& signature(#) on the instrument the person(), 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. Notary PAMpW�o" • oLo% Public • CAOforMa_ LosAiyeles County 3i Commission /1798301 Signature 2—� (Seal) My Comm, Expires Apr 18, 2026 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) 1. The CONTRACTOR certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. Business Name. Royal construction corp. Date: 08/21/2024 By: Hanson Ho, President Name and Title of Authorized Representative Signature of Authorized Representative Page: APPENDIX B-Certifi cations for Federal -Aid Contracts.2 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why ti cannot provide the certification set out below. The certiification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to fumish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submtiBed if at any time the prospective primary participant teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms `covered transaction, "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person " "primary covered transaction," "principal," 'proposal," and 'voluntarily excluded," as used in this clause, have the meanings set out in the Definftw and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145). 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, it shag not knowingly coder Into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the deparbnent or agency entering Into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Ther Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all sotidtetions for lower tier covered transactions. S. A participant in a covered transaction may ray upon a certification of a prospective participant in a lower bar covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is enormous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing stall be construed to require establishment of a system of records in order to render In good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions auttatzed under paragraph 6 of ttase instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default Page: APPENDIX B -Certifications for Federal -Aid Contrects.3 NON -LOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The CONTRACTOR certifies, by signing and submitting this contract, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONTRACTOR also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Business Name: Royal Construction corp. Date: 08/21/2024 By: Hanson Ho, President Name and Title of Authorized Representative V J - Signature of Authorized Representative Page: APPENDIX B -Certifications for Federal -Aid Contracts.4 INSTRUCTIONs FOR COMPLETING SF -LLL, DISCLOSURE OF LOBBYING ACTIYITiEs This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. & Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP -DE -90-001.' 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state, and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). Page: APPENDIX B -Certifications for Federal -Aid Contracts.6 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. Page: APPENDIX 6-Certi0atlons for Federal -Aid Contracts.7 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal 3. Report Type: Action: ❑ a. contract ❑ a. bid/ofler/application ❑ a. initial b. grant b. initial award b. material change a cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year_ quarter--- f. uarter__f. loan insurance date of last mport 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: aPrime ❑ Subawardee Tier—. if known Congressional District, if known: 6. Federal Department/Agency: 8. Federal Action Number, if known: 10.a. Name and Address of Lobby Registrant (If individual, last time, first time, MI) Congressional District, if known: _ 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: S I O.b. Individuals Performing Services (including address if different from No. 10) (last time. first name. MI) (attach Continuation Shcet(s) if necessary) 11. Information requested through this form is Signature: authorized by Tide 31 U.S.C. Section 1352. This f�� 14c disclosure of lobbying activities isamaterial Print Name: L/µ representation of fact upon which reliance was representation placed by the tier above when his transaction was made or entered into. This disclosure is required Title: rr j(14eNL�- pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Arty person who fails to file the required disclosure shall be Telephone No.: Date: subject to a civil penalty of not less than 510.000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) Page: APPENDIX B -Certifications for Federal -Aid Contracts.5 MINUTES OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF ROYAL CONSTRUCTION CORP. A Special meeting of the Board of Directors of ROYAL CONSTRUCTION CORP., a California corporation, was held at 11680 Goldring Rd., Suite A, Arcadia, CA, on December 01, 2023 at the hour of 10:00 O'clock A.M. There were present at said meeting the following Directors, constituting a quonrrn of full board: Hanson A.H. Ho, Ze Yi Tong, Erika Magaleon, Ferwin Santos, Sonny Chan. Hanson A.H. Ho acted as chairman of the meeting and Ze Yi Tong was appointed secretary of the meeting. QUORUM: Waiver of Notice The Chairman announced that the meeting was held pursuant to a written waiver of notice thereof and consent thereto signed by all the Directors of the corporation; such waiver and consent was presented to the meeting, and upon motion duly made, seconded and unanimously carried, was made a part of the records of the meeting and now precedes the minutes of this meeting in the Book of Minutes of the corporation. After further discussion and deliberations, and upon motion duly made, second and unanimously carried, the following resolutions were adopted: RESOLVED, that Hanson A.H. Ho as president, of the Corporation is authorized to sign solely on behalf of the corporation any bidding documents, proposals, agreements, etc. ADJOURNMENT: There being no further business to come before the meeting and after motion duly made, seconded and unanimously carried, the meeting was adjourned. Ze Yi Tong, Secretary Hanson A.H. Ho, President APPENDIX F - CERTIFICATIONS FOR FEDERAL -AID CONTRACTS IN ADDITION TO CITY'S STANDARD CONTRACT, THE FOLLOWING REQUIREMENTS WILL ALSO BE INCLUDED IN THE CONTRACT DUE TO ARPA FUNDING REQUIREMENTS. THE CONTRACTOR SHALL ALSO COMPLY WITH THE ARPA REQUIREMENTS Page: APPENDIX B -Certifications for Federal -Aid Contracts.) Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) 1. The CONTRACTOR certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. Business Name: Date: 9/4/24 ROYAL CONSTRUCTION CORP. A HANSON HO, PRESIDENT Name and Title of Authorized Representative Signature of Authorized Representative Page: APPENDIX B -Certifications for Federal -Aid Contracts.2 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will rut necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant Isams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction, 'debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145). 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ower Tier Covered Transactions" provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lover tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of Srese instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page: APPENDIX B -Certifications for Federal -Aid Contracts.3 r NON -LOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The CONTRACTOR certifies, by signing and submitting this contract, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONTRACTOR also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Business Name: Date: 9/04/24 ROYAL CONSTRUCTION CORP. By: HANSON HO, PRESIDENT Name and Title of Authorized Representative Signature of Authorized Representative Page: APPENDIX B -Certifications for Federal -Aid Contracts.4 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal 3. Report Type: Action: Ela. contract x 3a. bid/offer/application x LJ a. initial x b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: C. loan guarantee year_ quarter_ E loan insurance date of last report 4. Name and Address of Reporting Entity 5. 1 r Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime 11 Subawardee Royal onatruction Corp. 11660 Goldring Rd., Ste A Tier if known Arcadia, CA 91006 Congressional District, if known 6. Federal Deparlment/Agency: S. Federal Action Number, if known: 10.a. Name and Address of Lobby Registrant (If individual, last time. first name, MI) Congressional District, if known: _ 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: S 10.b. Individuals Performing Services (including address if different from No. 10) (last time. first time, MI) (attach Continuation Shcet(s) if necessary) It. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. Federal Use Only: Print Name: HANSON HO Title: PRESIDENT 626-358-6688 9/04/24 Telephone No.: Date: Authorized for Local Reproduction Standard Form— LLL (Rev. 7-97) Page: APPENDIX B -Certifications for Federal -Aid Contracts.5 INSTRUCTIONS FOR COMPLETING SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (eg., Request for Proposal (RFP) number, Invitation for Bid (1FB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP -DE -90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state, and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). Page: APPENDIX B -Certifications for Federal -Aid Contracts.6 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. Page: APPENDIX 6 -Certifications for Federal -Aid Contracts.7 This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award /dentttication Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor ) in excess of the amount to which Contractor is finally determined to be authorized to retain; i) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s). By Execution of this Contract, Contractor hereby certifies that it will comply with the following provisions required for a federally assisted construction contract and agrees to comply with the following: A. General Principles: CONTRACTOR shall, comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance", which can be viewed at httosa/www.ecfr.pov/current/title-2/subtitle- A/chapter-II/part-200?toc=1 CONTRACTOR shall comply with all federal, State and other funding source requirements. CONTRACTOR shall, at its own expense, fumish all cost items associated with this Agreement except as herein otherwise specified in the budget or elsewhere to be furnished by CITY. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONTRACTOR shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONTRACTOR shall also certify that none of the proposed equipment or services are produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subskliary or affiliate of such entities); or produced by an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country in accordance with 2 CFR 200.216. B. steps to include minority business, women's business enterprises, and labor surplus area firth by: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and Page: APPENDIX B -Certifications for Federal -Aid Contracts.8 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. Domestic Preference: In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non -Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: 'Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. D. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, Internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Fitter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: () For the purpose of public safety, security of government facilities, physical security surveillance of critical Infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115232, section 889, subsection (t), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. E. Procurement of Recovered Materials: CONTRACTOR shall comply with 2 CFR part 200.323. CONTRACTOR shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the Rem exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONTRACTOR certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONTRACTOR shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to CITY upon request A non -Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in Page: APPENDIX B -Certifications for Federal -Aid Contracts.9 guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. F. Byrd Anti-Lobbvina Amendment: (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. CONTRACTOR shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award by CONTRACTOR or CONTRACTOR's Subcontractors. In accordance with 31 U.S.C. 1352, CONTRACTOR shall also file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure forth previously filed. CONTRACTOR shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. G. Clean Air Act (42 U.S.C. Sections 7401-7671a.) and the Federal Water Pollution Control Act: (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251- 1389). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 at seq. CONTRACTOR agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 at seq.). CONTRACTOR agrees to report each violation to the USDA and the appropriate EPA Regional Office. H. Riaht of Inventions: Contractor shall comply with the requirements of 37 CFR Par 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the Treasury. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of 'funding agreement" under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firth or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that 'funding agreement; the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Idle 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements; and any implementing regulations issued by the awarding agency. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the nor -Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Wok in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working Page: APPENDIX B -Certifications for Federal -Aid Contracts.10 conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. J. Davis -Bacon Act as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, 'Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland 'AnWOckback' Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and Subcontractors on Public Budding or Public Work Financed in Whole or in Part by Loans or Grants from the United States'). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal contractor must report all suspected or reported violations to the Federal awarding agency. K. The Contractor and all Subcontractors and Sub -subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Section 3.10.6 'Prevailing Wages' for additional information regarding Caldomia Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on fie with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either Cal'Ifomia prevailing wage or Davis -Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract, L. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Thle 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. M. Termination for Cause and Convenience: The City may, at any time, terminate this Contract for the City's convenience and without cause by giving prior written notice of City's intent to terminate this Contract of which shall specify the effective date of such termination. Upon such termination for convenience, Contractor shall be compensated only for those services and tasks which have been performed by Contractor up to the effective date of the termination. Contractor may not terminate this Agreement except for cause as provided under section 9(b), below. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished products and other information of any kind prepared by Contractor In connection with the performance of the Work. Contractor shall be required to provide such products within fifteen (15) calendar days of City's written request. No actual or asserted breach of this Contract on the part of City pursuant to Section 9(b), below, shall operate to prohibit or otherwise restrict City's ability to terminate this Contract for convenience as provided under this Section. N. Equal Emotovment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of 'federally assisted construction contract' in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60 - Page: APPENDIX B -Certifications for Federal -Aid Contracts.11 1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity; and implementing regulations at 41 C.F.R. part 60, 'Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.' The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts. O. Nondiscrimination Clause: CONTRACTOR shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including. but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.0 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, at seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, at seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONTRACTOR shall ensure that project activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). P. The applicant hereby agrees that it will Incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Tide 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, Insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to Instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. Page: APPENDIX B -Certifications for Federal -Aid Contracts.12 (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received Page: APPENDIX B -Certifications for Federal -Aid Contracts.13 from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. Q. Data Collection Requirements — Contractor agrees to collect pre -post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request R. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request. S. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City. T. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Tide 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment. U. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City. V. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor's requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (d applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 201i day of the following month. W. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Tide 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and Page: APPENDIX B -Certifications for Federal -Aid Contracts.14 subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply. X. Universal Identifier and System for Award Management (SAM), Tide 2 C.F.R. Part 25. Y. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170. Z. OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower der covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Tide 2 C.F.R. Part 180 and Treasury's implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the govemmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), 'Debarment and Suspension.' SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. AA.Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. BB.Govemment Requirements for Drug -Free Workplace, Tide 31 C.F.R. Part 20. CC. New Restrictions on Lobbying, Title 31 C.F.R. Part 21. DD. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601- 4655) and implementing regulations. EE. Applicable Federal environmental laws and regulations. FF. Statutes and regulations prohibiting discrimination include, without limitation, the following: I. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d at seq.) and Treasury's implementing regulations at Tide 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 at seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 at seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 at seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. GG. Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Page: APPENDIX 8 -Certifications for Federal -Aid Contracts.15 HH.Any publications produced with ARPA funds must display the following language: 'This project [s being] [was] supported, in whale or in part, by federal award number SLT-0628 awarded to Los Angeles County by the U.S. Department of Treasury.' H. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat bell policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. JJ. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers. KK.As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it I. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d at seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents. ii. Acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency; seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to Its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication. iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities. iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by rifle VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. LL. The City must include the following language in every contract or agreement subject to Title VI and its regulations: "The sub -grantee, contractor, successor, transferee, and assignee shall comply with Tide VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C. Section 2000d at seq.), as implemented by the Department of the Treasury's Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency' in arty program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d at seq., as implemented by the Department of the Treasury's Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement." MM. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. Page: APPENDIX B -Certifications for federal -Aid Contracts.16 NN.Contrador shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing. 00. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations. PP. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later. QQ. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112. RR.In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; Qv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (w) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. SS. City and Contractor acknowledge that 9 additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms In the Contract, the terms in this Exhibit shall control. Page: APPENDIX B -Certifications for Federal -Aid Contracts.17 Attachment C The Nazerian Group Bid Proposal BIDDER: The Nazerian Group CITY OF ROSEMEAD PUBLIC SAFETY CENTER UPGRADES PROJECT No. 31028 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: The Nazerian Group BASE BID SCHEDULE SCHEDULE OF PRICES FOR PUBLIC SAFETY CENTER UPGRADES PROJECT No. 31028 ITEM DESCRIPTION COST 01 Limited Pre -Renovation Lead Abatement (per Property Health, Inc. Report — See Appendix A) $ 8000 02 Limited Pre -Renovation Asbestos Abatement (per Property Health, Inc. Report — See Appendix B) $4400 03 Reroofing of Existing Public Safety Center Roof (See Appendix E and Addendum 3, Attachment B). Scope to include removal of existing roofing system and replacement of new Roofing System. Contractor is to also obtain Building Permit from the City of Rosemead Building and Safety Department. $ 282898 04 Animal Kennels (See Sheet A1.23 and item 73 per Addendum 3) $15000 Division 1 General Requirements CSI DESCRIPTION COST 011000 General Conditions $150000 01 10 01 Overhead and profit $ 407893 01 10 02 Bonds and Insurance $65000 01 40 00 Quality control provisions per Section 014000 (Quality Requirements) of the Specifications. $15000 01 50 00 Temporary Facilities (Temporary Toilets, Hand Wash Stations) $15000 011719 Waste Management (Construction Waste Management and Disposal) $15000 01 74 23 Final Cleaning (Final cleaning for move in and final building turn over) $15000 Division 2 Demolition CSI I DESCRIPTION COST CBF -2 BIDDER: The Nazerian Group 02 41 00 Site Demolition (Sidewalks, AC Paving & Base, Landscape, Irrigation, Misc Demolition) $ 50000 02 41 01 Grading (Cut & Fill, Scarify, Water and Compact Subgrade, Fine Grading to Hardscape) $ 25000 02 41 02 Erosion Control (Gravel Bag Check Damns, Stabilization, Concrete Washout, Maintenance) $15000 02 41 03 Site Lighting (Trench, backfill, wall packs -55W LED, J -Boxes -WP, Lighting Conductors) $40000 0241 04 Site Power (Motor Connect to Gate, J -Boxes -WP, Detection Loops, Pedestal Card Reader) $10000 0241 05 Interior Foundation (For Gun Safe) $10000 0241 06 Interior Partitions (Interior walls and doors) $ 3500 0241 07 Interior Finishes (Flooring, Tiles, T -Bar Ceilings, Misc.) $ 9377 0241 08 0241 09 Plumbing Fixtures (Restrooms, Kitchen Sink, Drinking Fountain, Misc.) HVAC (Existing RTU's, Ducts, Vents, Registers, Air Handlers, Return Air) $ 3000 $19750 0241 10 Electrical (Existing Electrical As Required for new work.) $10000 Division 3 Concrete CSI DESCRIPTION COST 030516 Underslab Vapor Barrier (Underslab and Footing at Gun Safe) $ 25000 031000 Concrete Forming (Concrete Roof at Gun Safe and Interview Room $10000 03 20 00 Concrete Reinforcing (Underslab and Footing at Gun Safe and Interview Room) $ 5000 033000 Cast -In -Place Concrete (Concrete Roof at Gun Safe and Interview Room) $ 5000 033511 Concrete Floor Finishes (Concrete Floor at Gun Safe) $10000 Division 4 Masonry CSI DESCRIPTION COST CBF -3 BIDDER: The Nazerian Group 04 20 00 Unit Masonry (Masonry Wall for Gun Safe and Existing Fence) $ 20000 Division 5 Metals CSI DESCRIPTION COST 05 70 00 Decorative Metal (Guardrails for Drinking Fountain) $2500 Division 6 Wood, Plastics, and Composites CSI DESCRIPTION COST 061000 Rough Carpentry (All Rough Carpentry Required for the Project) $100000 064100 Architectural Casework (Cabinets/Counters as shown for Restrooms, Offices, and Auditorium) $48835 Division 7 Thermal and Moisture Protection CSI DESCRIPTION COST 079200 Join Sealants (Restrooms and new Exterior Transaction Window) $10000 Division 8 Openings CSI DESCRIPTION COST 0811 13 Hollow Metal Doors & Frames (Refer to Sheet A8.01) $ 70000 081416 Flush Wood Doors (Transaction Door 102A (Specialty Door, Ballistic Resistance with Tray)) $5000 08 30 00 Transaction Window (Level 3 Ballistic Resistant with Speak Thru and Tray) $15000 084000 Armory Vault Door (Basis of Design: Mnf. Overly, Model No. C5A- IIL-K / Class 5 Armory Door) $ 50000 Division 9 Finishes CSI DESCRIPTION COST 09 21 16 Gypsum Board Assemblies (New Interior Walls and Opening Enclosure) $ 50000 092216 Non -Structural Framing (All Required Interior Framing and Exterior Entry Canopy) $ 50000 CBF -4 BIDDER: The Nazerian Group 093000 Tiling (All Restrooms and Shower Room, floors, base, walls) $ 50000 09 51 00 Acoustic Ceilings (Ceiling Plan Sheet A3.00) $ 25000 095423 Linear Metal Ceilings (Wood Veneer Cladding on Wall and Ceiling at Lobby Waiting Area. Sheet A9.41) $25000 096500 Resilient Flooring (At Lobby per Sheet A2.01) $10000 096813 Tile Carpeting (Offices and Interview Room per Sheet A2.01) $ 20000 09 91 13 Exterior Painting (New CMU Fence, New Metal Fences, & New Metal Entry Canopy) $ 35000 099123 Interior Painting (Interior Painting Per Sheet A2.01 & as Required) $ 20000 Division 10 Specialties CSI DESCRIPTION COST 101100 Magnetic Porcelain Whiteboard (8'x 4') (to also serve as Projector Screen) $10000 101100 Tack Board (Per A4.20) $15000 101419 Dimensional Letter Signage (Aluminum Lettering for Lobby Building Signage, see Sheet 11/A4.20) $10000 1014 23 Panel Signage (Accessible, Room Identification, Building Exiting, Restroom Signage) $ 5000 10 28 00 Toilet & Bath Accessories (Restroom Accessories) $ 5000 101000 Knox Box (Knox Box as required by the Fire Department) $1000 10 51 13 Metal Lockers (Sheriff Locker Room (Include Wood Bench)) $10000 107316 Metal Entry Canopy $ 75000 Division 12 Furnishings CSI DESCRIPTION COST 123600 Countertops (Cabinets and Support Brackets) $16970 CBF -5 BIDDER. The Nazerian Group 12 50 00 Furniture Tables, chairs, Work Stations (tbd with City and Architect) $50k Budget Division 22 Plumbing Fixtures CSI DESCRIPTION COST 221319 Tile Floor and Shower Drain $15000 2240 00 Plumbing Fixtures (Restrooms, Shower, and Kitchen Sink - Refer to Plumbing Drawings) $130000 Division 23 Heating, Ventilation, and Air•CondiUoning (HVAC) CSI DESCRIPTION COST 230000 HVAC (New RTUs and AC System per Mechanical Drawings) $100000 Division 26 Electrical CSI DESCRIPTION COST 260050 Power & Lighting (Electrical Power and Lighting Controls) $ 200000 260055 Fire Alarm System (Fire Alarm, Conduit, Wiring, DAS/ERCES System perAHJ) $20k Budget 26 25 00 Data / Communication (Data for Access Control and Fire Alarm (Conduit and Boxes)) $10k Budget 26 50 50 Access Controls 1 Security (Access Control per Directive by City of Rosemead) $1 Ok Budget Division 32 Exterior Improvements CSI DESCRIPTION COST 32 00 00 Exterior Improvements (AsphaR/Asphaft Patching, ADA parking sign, sign posts, concrete footings, new turf, irrigation lines, parking lot light poles, gate motor, Per Civil Drawings) $ 50000 3215 00 Aggregate Surfacing (Refer to Civil Drawings for New Parking Lot and Additional Information) $ 25000 �:Ti�: BIDDER: The Nazerian Group 321623 Sidewalks (Per Civil Drawings and per sheet A1.00 (Animal Kennel & Keynote 0206)) $ 50000 321713 Parking Bumpers (Per Civil Drawings) $1000 321723 Pavement Markings (Per Civil Drawings and Architectural Sheets A1.00 & A1.22) $ 5000 321726 Tactile Warning Surfacing (Per Civil Drawings and Architectural Sheets A1.00 & A1.22) $15000 32 31 19 Decorative Metal Fences & Gates (Per Sheet A1.21 (Note Custom Rose Emblem and Fabric Privacy Screen $ 75000 32 3136 Security Gates and Barriers (2 Secured Person GatesBaniers G1 & G2 $20000 TOTAL BASE BID AMOUNT IN NUMBERS $2,784,123.00 TOTAL BASE BID AMOUNT IN WORDS: Two million seven hundred eighty four thousand one hundred twenty three dollars PUBLIC SAFETY CENTER UPGRADES The scope of work of this Lump Sum Bid Schedule includes all work identified in the Construction Plans, Technical Specifications, and Appendices as Follows: Part "C" Technical Provisions.........................................TP-1 —TP -175 Part "D" Appendix Appendix A - Limited Pre -Renovation Lead Report Appendix B — Limited Pre -Renovation Asbestos Report Appendix C — Project Plans Appendix D — Project Cut Sheets Appendix E - SBS Modified Bituminous Membrane Roofing Specifications Appendix F - Certifications for Federal -Aid Contracts The scope of work of this Lump Sum Bid Schedule also includes all work required by the Technical Provisions included in this Bid Package for the Public Safety Center Upgrades, Project No. 31028 Note: All work identified on the Construction Drawings, and required by the Technical Provisions, shall be furnished, complete in place, including all associated trades, furnishing all fixtures and furnishings, and completing all associated work necessary to deliver the improvements in complete working order. In submitting this Lump Sum Bid, the Bidder acknowledges that there will be no CBF -7 BIDDER: The Nazenan Group separate or additional payment made for completing the work required hereunder this Bid Schedule. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown 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 undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price. the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10% of bid Dollars ($ 10% of bid ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidders 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. Biddcr 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 specified on the Notice Inviting Bids The Contract Time will begin to run ten ( I0) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. CBF -8 BIDDER: The Nazerian Group 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 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. 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: Greg Torosyan 8/8/2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No.1 Dated 8/8/2024 Addendum No. 2 Dated 8/19/2024 Addendum No. 3 Dated 8/22/2024 Addendum No. 4 Dated 8/29/2024 CBF -9 BIDDER. The Nazerian Group 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 prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the following space. CBF -10 BIDDER: The Nazerian Group 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- 11 BIDDER: The Nazerian Group By: 17514 Ventrua Blvd. #204 SignWV Business Street Address Vartan Naz rian Encino, CA 91316 Type or Prin Name City, State and Zip Code President 818-990-5115 Title Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: N/A Bidder's License Number(s): 787196 Department Industrial Relations Registered No. 1000000509 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 - 12 BIDDER: The Nazerian Group SECTION 2 BID DATA FORMS CBF - 13 BIDDER: The Nazerian Group 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 The Nazerlan Group as Principal, and Western Surety Company as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Total Amount Bid— ($ 10% of Bid ), 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 PUBLIC SAFETY CENTER UPGRADES PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated July 11th & July 18th, 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 SE9.LED,a this 12th day of August 2024 . The Nazerian Gro(SEAL) westem Suretv Company (SEAL) Principal Surety By: By: Signatu Jam Signature Rebecca Haas -Bates, Attorney -in -Fact sex: crxeJr CBF - 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange On 08/12/2024 before me, Alma Karen Hemandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(*of SignerN who proved to me on the basis of satisfactory evidence to be the persona} whose names} is/am subscribed to the within instrument and acknowledged to me that he/she/tttalt executed the same in Itis/her/their authorized capacity(l*, and that by hWherAheir signature4on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. = NAREN s1ER'twuDE2 f Notary R'�dlic California Signature ' Orange County - Commission ; 1390908 Signature of Notary Public MY Comm. Expres Jan 16, 2026 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 08/17/2024 Number of Pages: One(l) Signers) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s); ❑ Partner — ❑ Limited F1 General ❑ Individual 17 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Richard Adair, William Syrkin, Rebecca Haas -Bates, Individually of Orange, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 26th day of December, 2023. ocn WESTERN SURETY COMPANY C: � � Z" �;;: Larry Kasten, Vim President Stale of South Dakota County of Minnehaha ss On this 26th day of December, 2023, before me personally came Larry Kasten, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vim President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his time thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. �.,..,.. ....,. «.,...,, � My commission expires M. BENT l/y NOPUBLICr� '' March 2, 2026 SOUTH urx aaorat�rs2f M. Bent, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law and Resolutions of the corporation printed below this certificate are still in form. In testimony whereof I have hereunto subscribed my time and affixed the seal of the said corporation this 12TH day of AUGUST, 2024. 'fir} WESTERN SURETY COMPANY e9ep�r� aEA� r L. Nelson, Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE SP.AREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vim President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Tres s rrer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by hmanimouc written concent dated the 27° day of April, 2022' "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." Go to www.enasu etv.com > Owner! Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity. Form F428e-62023 BIDDER. The Nazerian Group 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 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be oennitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of I 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 -15 BIDDER: The Nazerian Group 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location of Subcontractor Excel Acoustics Description of Work to be Subcontracted Acoustical Ceiling, Tackboards License No.: 72 4- 57-11 Department of Industrial Relation Registration No. / gOr7/> p / S-77 Name and Location Description of Work of Subcontractor to be Subcontracted Name: JNJ Tile Tiling Address: �Cv ryPQq License No.: Department of Industrial Relation Registration No. "w.r Name and Location Description of Work of Subcontractor to be Subcontracted Name: JJJ Floor Covering Flooring Address: wgoll zov, "t License No.: :S:x-jW S - Department of Industrial Relation Registration No. kthf oawsl7 Name and Location Description of Work of Subcontractor to be Subcontracted Name: Americas Air Corp HVAC Address: �Sc�nro�✓ �� License No.: �U yam/ Department of Industrial Relation Registration No. 1 pW42 Rye y Name and Location of Subcontractor Description of Work to be Subcontracted Name: AM Electric Electrical, Low Voltage Address: G( a , �A 4 License No.: VZ 7- 41,0 Department of Industrial Relation Registration No. It9boa 143 CBF - 16 BIDDER: The Nazerian Group 23 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 Name: Integrated Demolition and Remediation Inc. Abatement, Demolition Address: Ao 'et -1 i¢ License No.: /0 U 3 �—o y Department of Industrial Relation Registration No. ) OOOo Zs6a Name and Location Description of Work of Subcontractor to be Subcontracted Name: Cabinet Plus Casework, Countertops Address: License No0 Department of Industrial Relation Registration No._ ) , � y s6 Name and Location 7� Description of Work of Subcontractor to be Subcontracted Name: AR Tec Concrete, AC Paving Address: Gra y �� License No.: 96o S7� Department of Industrial Relation Registration No. �, �Dph'Zlo fr Name and Location Description of Work of Subcontractor to be Subcontracted Name: CommercialRoofin Roofing Address: t� a1 i l License No.: ZZ Z. Department of Industrial Relation Registration No. 0 39 Name and Location Description of Work of Subcontractor to be Subcontracted Name: snarpe Ino nor systems Non -Structural Framing, Address: 9 1,1,1C .4 Drywall, License No.: Department of Industrial Relation Registration No. 3 J CBF - 16 BIDDER. The Nazerian Group 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location of Subcontractor Wolverine Fence License No.: f,70 SS 6 Department of Industrial Relation Registration Name and Location of Subcontractor Description of Work to be Subcontracted Fence, Gates, Railing Description of Work to be Subcontracted Doors, Frames Name: Construction Hardware Hardware Address:_ a, r A License No.: Department of Industrial Relation Registration No.—V02=221-7 Y Name and Location of Subcontractor Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Description of Work to be Subcontracted Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. CBF -16 BIDDER. The Nazerian Group 2.0 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: 1. Please accept the attached Name and Address of Owner 2. Name and telephone number of person familiar with project Contract amount Type of Work Date Completed Please accept the attached Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Please accept the attached Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF - 17 BIDDER: The Nazerian Group 4. Please accept the attached Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -18 m m h J 0 3 a aQ g 4 d 5' w E `o m' � � a g LZ V C q `cEF 3 m 3 9;. as aSi u'i j.4$ N y .G O C yy y U $ a cc LLl q � m N U 2 O CJ U> V w Z N V Eo UE V v a m E 8 g 0 3 a E v E E E � - 4 0 U � U O m' `o — �aa�E�c�i3zF«wiz H E 25 2i E zg' U again $'chi zEw«.�z ¢ ¢u°��i 9u'izcci��z z m G$ V U V 5 E a E E Eo se v a J 6 6 a` a cg ¢` i� g' a a u u a O a ci a w m a 2y O Q � 0 9 N N gyqu� g E � o Q � 'y_SS v 3 $ m ' C3z � 2 s � C5 E N16 zis fii in��$t�i z um'ww d si C L° rW; �c�i6g�i� &arEi Q d d —�' B8'dz� 5 Sdn`cia a Sucic�80SGcE4 §N-{ / / ) } - § § | : i t IR k ) \ \ - _- - - ) ; ,{ - ` } ;4 ) /777!2!&/)tt\j� \ } \ !ƒ})}!{k!! )){})k\ ))}}/)\)\)\j)){ }\}}/\\\\\)/)k\ k { $ ) $ f � � ! \ i { § ! Z ) ) - \- ` ! 2® 0 „ }k}}\j\\\\\\))\ BIDDERThe Nazerian Group SECTION 3 NON-COLL USION AFFIDA PIT CBF - 19 BIDDER: The Nazerian Group 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 madc in the intcrest 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, partners ip, company association, organization, bid depository, or to any member or agen the f to effectuate a collusive or sham bid. i Vartan Nazerian Typed or Printed Name President Title The Nazerian Group Bidder Subscribed and sworn before me This _ day of 20_ (Seal) Notary Public in and for the State of California My Commission Expires: CBF -20 CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 09/04/2024 before me, ERIC ARMEN ABOLIAN, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared VARTAN NAZERIAN who proved to me on the basis of satisfactory evidence to be the personhose namo is/4pe'subscribed to the within instrument and acknowledged to me that he/tljey executed the ame ' hi r/tom authorized capacity(' s), and that y his/ber/thef'r signature(�n the instrument the persosor 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. WITNEo/fficial seal. i�///�i- ERIC AaMEM Aa0L4N Notary hblic - Cali(wnla ■ 3 Lm Anaelas Ccunty I sign�Notary Public (Notary Seal) ! Commnflan a 2420461 - . 74wNy Caam. Sion On 10, 2026 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or descnplion ofattached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER 9 Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008version('APA,12.10.07800-873-9865 ww,.NotaM-lasscs.com INSTRUCTIONS FOR COMPLETING THIS FORM Am. acknowledgment completed in California must contain verbiage exactly as appears above in the notan' section or a separate acknowledgment.form must be proper/,completed and attached to that document. rhe only exception is if a document is to be recorded outside of California. In such instances. anv alternative acknowledgment vnbiage at mar be printed on such a document so long as the verbiage does not require the nI to do something that is illegal Jor a notary in California (i.e. certifying the authorized oapacity of the signer). Please check the document carelidh;for proper notarial wording and attach this form if required. • State and County information must be the Stale and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signals) personally appeared which must also be the scone date the acknowledgmmt is completed. • The notary public mutt print his or her name As it appears within his or her commission followed by a comma and then your title (notary public). • Print the m nc(s) of document signerts) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fomes (i.c. )te/sheAlwy- is /re) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • signature of the notary public most match the signature on file with the office of the county clerk. S Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. b Indicate title or type of attached document, number of pages and date. S Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document APPENDIX F - CERTIFICATIONS FOR FEDERAL -AID CONTRACTS IN ADDITION TO CITY'S STANDARD CONTRACT, THE FOLLOWING REQUIREMENTS WILL ALSO BE INCLUDED IN THE CONTRACT DUE TO ARPA FUNDING REQUIREMENTS. THE CONTRACTOR SHALL ALSO COMPLY WITH THE ARPA REQUIREMENTS Page: APPENDIX B -Certifications for Federal -Aid Contracts.1 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) 1. The CONTRACTOR certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are nut presently indiuled fur ur ulherwise uiminally ur civilly uharged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. Business Name: The Nazerian Group Date: 9/16/2024 By, Vartan Nazenoi, President Name and 17itle//qf AuMorized Representative Page: APPENDIX B -Certifications for Federal -Aid Representative INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the mortification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fad upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction, "participant," "person; "primary covered transaction,"'principal,"'proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145). 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, R shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all luwer litr covered trausaoliuus dud in all sulicitaliuus fur luwer Uel covered bansactluus. 6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower ter covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower ter covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for rause or default. Page: APPENDIX B -Certifications for Federal -Aid Contracts.3 NON -LOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The CONTRACTOR certifies, by signing and submitting this contract, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONTRACTOR also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Business Name: The Nazenan Group Date: 91162024 By. Varian Nazerian. Name and TJt)W of Aboorized Representative Signature V Xutho*d Representative Page: APPENDIX B -Certifications for Federal -Aid Contracts.4 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE: THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal 3. Report Type: Action: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement a post -award Title: President d. loan be available for public inspection. Any person For Material Change Only: e. loan guarantee subject to a civil penalty of not less than $10,000 year_ quarter_ f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime ❑ Subawardee Tier—. if known Congressional District, if known: Congressional District, if known: _ fi. Federal Department/Agency: 7. Federal Program Name(Description: CFDA Number, if applicable g. Federal Action Number, if known: 9. Award Amount, if known: S 10.a. Name and Address of Lobby Registrant 10.b. Individuals Performing Services (If individual. last name. fim name. MH (including address if different from No. 10) (last name. firm name. MI) NOT APPLICABLE NO LOBBYING ACTIVITIES (attach Continuation Sheet(s) if necessan ) H. . Information requested through this farm is Signature: i authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material Print Name: Va a Naz rian mpresemation of fact upon which reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required Title: President pursuant to 31 U.S C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be Telephone No.: 91&aaod115 ate: 9/16/2024 subject to a civil penalty of not less than $10,000 and not more than 5100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form — LLL (Rev. 7-97) Page: APPENDIX B -Certifications for Federal -Aid Contracts.5 INSTRUCTIONS FOR COMPLETING SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional infon nation if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP -DE -90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award loan commitments for the prime entity identified in item 4or5. 10. (a) Enter the full name, address. city, state, and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). Page: APPENDIX B -Certifications for Federal -Aid Contracts.6 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. Page: APPENDIX B -Certifications for Federal -Aid Contracts.7 COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES USE OF ARPA CLFRF AND REQUIREMENTS This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number). 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or Its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s). By Execution of this Contract, Contractor hereby certifies that it will comply with the following provisions required for a federally assisted construction contract and agrees to comply with the following: A. General Principles: CONTRACTOR shall, comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance", which can be viewed at httos://www.ecfr.eov/current/title-2/subtitle- Alchaoter-II/part-200?toc=1 CONTRACTOR shall comply with all federal, State and other funding source requirements. CONTRACTOR shall, at its own expense, furnish all cost items associated with this Agreement except as herein otherwise specified in the budget or elsewhere to be furnished by CITY. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONTRACTOR shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONTRACTOR shall also certify that none of the proposed equipment or services are produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or produced by an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country in accordance with 2 CFR 200.216. B. Surplus Area Firms: CONTRACTOR shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firm by: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and Page: APPENDIX B -Certifications for Federal -Aid Contracts.8 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. Domestic Preference: In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non -Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. D. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. E. Procurement of Recovered Materials: CONTRACTOR shall comply with 2 CFR part 200.323. CONTRACTOR shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONTRACTOR certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONTRACTOR shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to CITY upon request. A non -Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in Page: APPENDIX B -Certifications for Federal -Aid Contracts.9 guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. F. Byrd Anti -Lobbying Amendment: (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. CONTRACTOR shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award by CONTRACTOR or CONTRACTOR's Subcontractors. In accordance with 31 U.S.C. 1352, CONTRACTOR shall also file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. CONTRACTOR shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. G. Clean Air Act 142 U -S -C. Sections 7481-7A71n 1 and the Federor Wate• DMh4i-n r... f—I A..•. (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251- 1389). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CONTRACTOR agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 at seq.). CONTRACTOR agrees to report each violation to the USDA and the appropriate EPA Regional Office. H. Right of Inventions: Contractor shall comply with the requirements of 37 CFR Par 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the Treasury. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non -Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working Page: APPENDIX B -Certifications for Federal -Aid Contracts.10 conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. J. Davis -Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 l I S C Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal contractor must report all suspected or reported violations to the Federal awarding agency. K. The Contractor and all Subcontractors and Sub -subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Section 3.10.6 "Prevailing Wages" for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davie Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract. L. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1906, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. M. Termination for Cause and Convenience: The City may, at any time, terminate this Contract for the City's convenience and without cause by giving prior written notice of City's intent to terminate this Contract of which shall specify the effective date of such termination. Upon such termination for convenience, Contractor shall be compensated only for those services and tasks which have been performed by Contractor up to the effective date of the termination. Contractor may not terminate this Agreement except for cause as provided under section 9(b), below. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished products and other information of any kind prepared by Contractor in connection with the performance of the Work. Contractor shall be required to provide such products within fifteen (15) calendar days of City's written request. No actual or asserted breach of this Contract on the part of City pursuant to Section 9(b), below, shall operate to prohibit or otherwise restrict City's ability to terminate this Contract for convenience as provided under this Section. N. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60 - Page: APPENDIX B -Certifications for federal -Aid Contracts.11 1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts. O. Nondiscrimination Clause: CONTRACTOR shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal -Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.0 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONTRACTOR shall ensure that project activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). P. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. Page: APPENDIX B -Certifications for Federal -Aid Contracts.12 (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractors noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that lt will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee), refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received Page: APPENDIX B -Certifications for Federal -Aid Contracts.13 from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. Q. Data Collection Requirements — Contractor agrees to collect pre -post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request. R. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request. S. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City. T. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment. U. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City. V. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor's requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 201h day of the following month. W. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and Page: APPENDIX B -Certifications for Federal -Aid Contracts.14 subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply. X. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25. Y. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170. Z. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury's implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. AA.Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. BB.Govemment Requirements for Drug -Free Workplace, Title 31 C.F.R. Part 20. CC. New Restrictions on Lobbying, Title 31 C.F.R. Part 21. DD. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601- 4655) and implementing regulations. EE. Applicable Federal environmental laws and regulations. FF. Statutes and regulations prohibiting discrimination include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury's implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 at seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 at seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. GG. Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Page: APPENDIX B -Certifications for Federal -Aid Contracts.15 HH.Any publications produced with ARPA funds must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to Los Angeles County by the U.S. Department of Treasury." IL Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat beft policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. JJ. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers. KK.As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it: i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d at seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents. ii. Acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication. iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities. iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. LL. The City must include the following language in every contract or agreement subject to Title VI and its regulations: "The sub -grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C. Section 2000d at seq.), as implemented by the Department of the Treasury's Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d at seq., as implemented by the Department of the Treasury's Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement." MM. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. Page: APPENDIX B -Certifications for Federal -Aid Contracts.16 NN.Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing. 00. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations. PP. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later. 00. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112. RR. In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. SS. City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall control. Page: APPENDIX B -Certifications for Federal -Aid Contracts.17 Attachment D MLC Constructors Bid Proposal BIDDER: MLC CONSTRUCTORS, INC. CITY OF ROSEMEAD PUBLIC SAFETY CENTER UPGRADES PROJECT No. 31028 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: MLC CONSTRUCTORS, INC. BASE BID SCHEDULE SCHEDULE OF PRICES FOR PUBLIC SAFETY CENTER UPGRADES PROJECT No. 31028 ITEM DESCRIPTION COST 01 Limited Pre -Renovation Lead Abatement (per Property Health, Inc. Report — See Appendix A) $ 4 02 Limited Pre -Renovation Asbestos Abatement (per Property Health, Inc. Report — See Appendix B) $ cJ loco c70 03 Reroofing of Existing Public Safety Center Roof (See Appendix E and Addendum 3, Attachment B). Scope to include removal of existing roofing system and replacement of new Roofing System. Contractor is to also obtain Building Permit from the City of Rosemead Building and Safety Department. $ 415 04 Animal Kennels (See Sheet A1.23 and item 73 per Addendum 3) $ S? %00 • C_)0L Division 1 General Requirements CSI DESCRIPTION COST 01 10 00 General Conditions $ V50toco .no 01 10 01 Overhead and profit $ 12-0, M 1.O O 01 10 02 Bonds and Insurance $ 1DC1 .19SO.Q0 01 40 00 Quality control provisions per Section 014000 (Quality Requirements) of the Specifications. $ (D . sco .O D 01 50 00 Temporary Facilities (Temporary Toilets, Hand Wash Stations) $ 1St 1 P00 .00 01 1719 Waste Management (Construction Waste Management and Disposal) $ a S Ito0O.on 01 74 23 Final Cleaning (Final cleaning for move in and final building turn over) $ 1310- O 0 Division 2 Demolition CSI DESCRIPTION COST CBF -2 BIDDER: MLC CONSTRUCTORS, INC. 02 4100 Site Demolition (Sidewalks, AC Paving & Base, Landscape,$ Irrigation, Misc Demolition) t 0 t OC LA .0 O —a 02 41 01 Grading (Cut & Fill, Scarify, Water and Compact Subgrade, Fine Grading to Hardscape) $ aS ,'-�O -nn 024102 Erosion Control (Gravel Bag Check Damns, Stabilization, Concrete Washout, Maintenance) $ i2' Sym- 0 02 41 03 Site Lighting (Trench, backfill, wall packs -55W LED, J -Boxes -WP, Lighting Conductors) $ �� t 1015 n 0 02 41 04 Site Power (Motor Connect to Gate, J -Boxes -WP, Detection Loops, Pedestal Card Reader) $ 915 'n00 �� r 02 41 05 Interior Foundation (For Gun Safe) $ Ik '100 , 0O 02 41 06 Interior Partitions (Interior walls and doors) $ 13 2D • O 0 02 41 07 Interior Finishes (Flooring, Tiles, T -Bar Ceilings, Misc.) $ 1 S n2-9, .n0 02 41 08 lusc bing Fixtures (Restrooms, Kitchen Sink, Drinking Fountain, Misc.) $ 1 221-1 c�0 02 41 09 HVAC (Existing RTU's, Ducts, Vents, Registers, Air Handlers, Return Air) $ 2-L , SOS CDC 02 41 10 Electrical (Existing Electrical As Required for new work.) $ 3, S 1 •00 Division 3 Concrete CSI DESCRIPTION COST 0305 16 Underslab Vapor Barrier (Underslab and Footing at Gun Safe) $ 500.00 031000 Concrete Forming (Concrete Roof at Gun Safe and Interview Room) $ 11 r(y) c -i0 03 20 00 Concrete Reinforcing (Underslab and Footing at Gun Safe and Interview Room $ a soD 0 O 03 30 00 Room) Cast -In -Place Concrete (Concrete Roof at Gun Safe and Interview $ 033511 Concrete Floor Finishes (Concrete Floor at Gun Safe) $ Division 4 Masonry CSI DESCRIPTION COST CBF -3 BIDDER: MLC CONSTRUCTORS, INC. 04 20 00 Unit Masonry (Masonry Wall for Gun Safe and Existing Fence) $ Division 5 Metals CSI DESCRIPTION COST 05 70 00 Decorative Metal (Guardrails for Drinking Fountain) $ ( o Division 6 Wood, Plastics, and Composites CSI DESCRIPTION COST 06 10 00 Rough Carpentry (All Rough Carpentry Required for the Project) $11') 064100 Architectural Casework (Cabinets/Counters as shown for Restrooms, Offices, and Auditorium) $ Imp ►��� O O Division 7 Thermal and Moisture Protection CSI DESCRIPTION COST 07 92 00 Join Sealants (Restrooms and new Exterior Transaction Window) $_3 r G 00 . nC) Division 8 Openings CSI DESCRIPTION COST 0811 13 Hollow Metal Doors & Frames (Refer to Sheet A8.01) $ c—'`l �O . 08 14 16 Flush Wood Doors (Transaction Door 102A (Specialty Door, Ballistic Resistance with Tray)) $ r 08 30 00 Transaction Window (Level 3 Ballistic Resistant with Speak Thru and Tray) $1 08 40 00 Armory Vault Door (Basis of Design: Mnf. Overly, Model No. C5A- IIL-K / Class 5 Armory Door) $ y.Z 2527 O i Division 9 Finishes CSI DESCRIPTION COST 09211 16 Gypsum Board Assemblies (New Interior Walls and Opening Enclosure) $ CDL4�n . o O r 092216 Non -Structural Framing (All Required Interior Framing and Exterior Entry Canopy) $ 22 r 1 5�n , n O CBF -4 BIDDER: MLC CONSTRUCTORS, INC. 09 30 00 Tiling (All Restrooms and Shower Room, floors, base, walls) $ y L4 , 2ZO0 • n 17 095100 Acoustic Ceilings (Ceiling Plan Sheet A3.00) $ 1 IQ • CDC 09 54 23 Linear Metal Ceilings (Wood Veneer Cladding on Wall and Ceiling at Lobby Waiting Area. Sheet A9.41) $ 2U , 000 . n 09 65 00 Resilient Flooring (At Lobby per Sheet A2.01) $ —1 t $OO - n0 096813 Tile Carpeting (Offices and Interview Room per Sheet A2.01) $ 1t R� • nn 09 91 13 Exterior Painting (New CMU Fence, New Metal Fences, & New Metal Entry Canopy) $ 1U i 0100 •��_ 099123 Interior Painting (Interior Painting Per Sheet A2.01 & as Required) $- LD2> -0'O- c'3 O Division 10 Specialties CSI DESCRIPTION COST 101100 Magnetic Porcelain Whiteboard (8' x 4') (to also serve as Projector Screen) $1 2,00 . 0 O 101100 Tack Board (Per A4.20) $ 101419 Dimensional Letter Signage (Aluminum Lettering for Lobby Building Signage, see Sheet 11/A4.20) $ CA. USO . nO 101423 Panel Signage (Accessible, Room Identification, Building Exiting, Restroom Signage) $ 12000 -00 10 28 00 Toilet & Bath Accessories (Restroom Accessories) $ ?A. 2.00 -nn 101000 Knox Box (Knox Box as required by the Fire Department) $_ 3 r25O.0 O 10 51 13 Metal Lockers (Sherrill Locker Room (Include Wood Bench)) $ S. C no •O 0 107316 Metal Entry Canopy $')—Z1 '7<0 -,-)n Division 12 Furnishings CSI DESCRIPTION COST 12 36 00 Countertops (Cabinets and Support Brackets) $ W%. .,--)o CBF -5 BIDDER: MLC CONSTRUCTORS, INC. Furniture Tables, chairs, Work Stations (tbd with City and $50k Budget 12 50 00 Architect) Division 22 Plumbing Fixtures CSI DESCRIPTION COST 221319 Tile Floor and Shower Drain $�� Si •L,2� 22 40 00 Plumbing Fixtures (Restrooms, Shower, and Kitchen Sink - Refer $C1 2 �7 CDO to Plumbing Drawings) Division 23 Heating, Ventilation, and Air -Conditioning (HVAC) CSI DESCRIPTION COST 23 00 00 HVAC (New RTUs and AC System per Mechanical Drawings) $ 2M (D_.r O a Division 26 Electrical CSI DESCRIPTION COST 260050 Power & Lighting (Electrical Power and Lighting Controls) $ 3SSTy� C� 26 00 55 Fire Alarm System (Fire Alarm, Conduit, Wiring, DAS/ERCES $20k Budget System per AHJ) 26 25 00 Data 1 Communication (Data for Access Control and Fire Alarm $10k Budget (Conduit and Boxes)) 26 50 50 Access Controls / Security (Access Control per Directive by City of $10k Budget Rosemead) Division 32 Exterior Improvements CSI DESCRIPTION COST 32 00 00 Exterior Improvements (Asphalt/Asphalt Patching, ADA parking sign, sign posts, concrete footings, new turf, irrigation lines, $ I 10,-'X)10 • 07 parking lot light poles, gate motor, Per Civil Drawings) 321500 Aggregate Surfacing (Refer to Civil Drawings for New Parking Lot $U ij 22-0 . 07 and Additional Information) 3 BIDDER: MLC CONSTRUCTORS, INC. 321623 Sidewalks (Per Civil Drawings and per sheet A1.00 (Animal Kennel & Keynote 0208)) $ lc 026,0 321713 Parking Bumpers (Per Civil Drawings) $ 1 -SO •(,]y_ 321723 Pavement Markings (Per Civil Drawings and Architectural Sheets A1.00 & A1.22) $ S4SSo , d 321726 Tactile Warning Surfacing (Per Civil Drawings and Architectural Sheets A1.00 & A1.22 $ 1 �-�%o -0 0 32 31 19 Decorative Metal Fences & Gates (Per Sheet A1.21 (Note Custom Rose Emblem and Fabric Privacy Screen $ `O to 0000 , O C) 323136 & curity Gates and Barriers (2 Secured Person Gates/Barriers G1 $w J!S o0 . J0 TOTAL BASE BID AMOUNT IN NUMBERS $3L,,15 I X00 tI TOTAL BASE BID AMOUNT IN WORDS: Three Million One Hundred Fifty -One Thousand One Hundred Eighty -Seven PUBLIC SAFETY CENTER UPGRADES The scope of work of this Lump Sum Bid Schedule includes all work identified in the Construction Plans, Technical Specifications, and Appendices as Follows: Part "C" Technical Provisions ......................................... TP -1— TP -175 Part "D" Appendix Appendix A - Limited Pre -Renovation Lead Report Appendix B — Limited Pre -Renovation Asbestos Report Appendix C — Project Plans Appendix D — Project Cut Sheets Appendix E - SBS Modified Bituminous Membrane Roofing Specifications Appendix F - Certifications for Fedetal-Aid Contracts The scope of work of this Lump Sum Bid Schedule also includes all work required by the Technical Provisions included in this Bid Package for the Public Safety Center Upgrades, Project No. 31028 Note: All work identified on the Construction Drawings, and required by the Technical Provisions, shall be furnished, complete in place, including all associated trades, furnishing all fixtures and furnishings, and completing all associated work necessary to deliver the improvements in complete working order. In submitting this Lump Sum Bid, the Bidder acknowledges that there will be no CBF -7 BIDDER: MLC CONSTRUCTORS, INC. separate or additional payment made for completing the work required hereunder this Bid Schedule. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown 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 undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Ten percent of amount bid Dollars ($ 10% ) said amount being not less than ten percent (101/o) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the 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 specified on the Notice Inviting Bids. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. BIDDER: MLC CONSTRUCTORS, INC. 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 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. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that Ire/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: Jade Torres Date of Inspection: 8/8/2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum Addendum No. 2 Addendum No. 3 Dated 8/8/2024 Dated $/19/2024 Dated 8/22/2024 Addendum No. 4 Dated 8/29/2024 CBF -9 BIDDER: MLC CONSTRUCTORS, 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 prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _ No x If the answer is yes, explain the circumstances in the following space. CBF -10 BIDDER: MLC CONSTRUCTORS, 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 - 11 By: Vna4tu James McCoy Type or Print Name President/Treasurer Title BIDDER: MLC CONSTRUCTORS, INC. 710 Rimpau Ave. Ste. 208 Business Street Address Corona, CA 92879 City, State and Zip Code 951-393-0781 Telephone Number Bidder's/Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: James McCoy - President/Treasurer Thomas Luby - Vice President/Secretary Bidder's License Number(s): 1068632 Department Industrial Relations Registered No. 1000667976 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 -12 BIDDER: MLC CONSTRUCTORS, INC. SECTION 2 BID DATA FORMS CBF -13 BIDDER: MLC Constructors, 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 MLC Constructors Inc. as Principal, and Markel Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSE EAD (hereinafter called the OWNER) in the sum of Ten percent of amount bid DOLLARS ), 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 PUBLIC SAFETY CENTER UPGRADES PROJECT –as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated August 21 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 12th day of August 20 24 MLC Constructors, Inc. (SEAL) Markel Insurance Company (SEAL) Principal S t3' By. By: — 1 9— Signature Kassan a Leon, Attomey4n-Fact CBF -14 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority N4 07500 THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Markel Insurance Company Of Deerfield, Illinois _ - - , organized under the laws of Illinois , subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of tit is Certi fate,thefollowingclassesofbrsur=e: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers'.Compensation, common Carrier Liability, Boiler and Machinery, Burglaryr credit, Sprinkler, Team and Vehicle,.Automobile, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THISCERTIFICATEis expressly conditioned upon the holder hereof now and hereafter being in V1 compliance with all, and not in violation ofany, of the applicable laws and lmvftd requirements trade under authority of the laws of the State 4f California as long as such laws or requirements are in effect 2nd applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the 16th day of January 2002; 1 have hereunto set my handand caused city official seal to be affixed this 16th day of- January..._ 2002 By NOTICE: Qoatifieaties with the Semetary of state must be accomplished ae after issusnm of this Cenifioste of Authority. Faiursto do so wit grounds for n:voldng this Certificate of Authority Pursuant to the c conditions contained heroin. pu.mcsa ® osr m cox, POA# 510028 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company Ithe "Company'), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Cynthia J. Young, Adriana Valenzuela, Kassandra De Leon Their true and lawful agents) and attorneys) -In -fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of anyone such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority on be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto.' IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the sm day of February , 2024. SureTec Insurance Company CF o pps *.Y SEAL - !V := BY: By: _s Michael C. Keiml , President • 'a�' State of Texas County of Harris On this 6th day of February , 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, tome personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and thatthe seals affixed to the proceeding Instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to In the preceding Instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. ,. JULIE E. MCCLARY ► VLC� Notary Public State of Texas By: Y34"s Commission # 12947660-5 )u i McClary, Notary Public 4"• Commission E*res Much 29.2026 M commission expires 3/29/2026 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 12th day of August 2024 S nsu By: M. Brent Beaty, As sistant Secretary Markel Insurance Company By: 4Andr.,rquSLItLecJrt.7-- , Any Instrument Issued In excess of the penaltyslated above is totally void and without any validity. 510028 For verification of the authority of this Power you may call 17131812-0800 on any business day between 8:30 AM and 5:00 PM CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ss County of Orange ) On AU0 i 2 2024 before me, C L. Hernandez, Notary Public, personally appeared Kassandra De Leon, who proved to me on the basis of satisfactory evidence to be the personfs) whose name(3) isfare subscribed to the within instrument and acknowledged to me that 4e{she{4+" executed the same in *gher#4eif authorized capacity(ies), and that by 4i4her & signatures) on the instrument the person{s), or the entity upon behalf of which the personW 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. A C. L. HERNANDEZ Notary Public - California LOS Angeles County 0wh Commission= 2414)74y comm. Expires Sep 27. 2026 ' Signature. (Seal) C. L. Hernandez, Notary Publi I BIDDER: MLC CONSTRUCTORS, INC. 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of I 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 -15 BIDDER: MLC CONSTRUCTORS, INC. 2.B 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 F C AND SONS ROOFING, INC. Address: 65o8 CLARA ST.. pjFI I GAgpENS.A 9020, License No.: 776310 Department of Industrial Relation Registration No. 1 000002478 Name and Location of Subcontractor Description of Work to be Subcontracted Name: GAMA CONTRACTING SERVICES INC Address -1835 FLORADA AV SOUTH EL MONTF CA 91733 License No.: _780316 Department of Industrial Relation Registration No.1 oo0000934 Name and Location of Subcontractor Description of Work to be Subcontracted Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Address: License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF - 16 BIDDER: MLC CONSTRUCTORS, 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: Southern California Rail Name and Address of Owner Arsany Gorgyous 213-305-9425 Metrolink Operations Center - 2558 Supply Street. Pomona, CA 91767 Name and telephone number of person familiar with project Remodel of Metrolink Operations Center Restrooms to meet ADA requirements, $558,246.00 remodel locker room and convert into office space 6/25/2024 Contract amount Type of Work Date Completed 2. City of Corona Fire Departme Name and Address of Owner 735 Public Safety Way, Ste 201. Corona, CA Cindi Schmitz 951-736-2464 Name and telephone number of person familiar with project Converting existing dorm room into new men's restroom & office tenant Contract amount Type of Work Date 3. Mountain View School District - District Office 2585 S. Archibald Ave. Ontario, CA 91761 Name and Address of owner Ron Ebard 909-635-4348 Name and telephone number of person familiar with project New reception desk w/ interior storefont, construct new non bearing wall, replace doors xoro ae9 no & provide new door entry at board room, secure Mn snros Contract amount Type of Work Date CBF -17 BIDDER: MLC CONSTRUCTORS, INC. 4. Fontana Unified School District 9680 Citrus Ave Fontana CA 92335 Name and Address of Owner Albert Orahim 909-728-1495 Name and telephone number of person familiar with project $936,234.00 Utilities & Sitework for 15 Portables 5/13/2023 Contract amount Type of Work Date Completed CBF -18 BIDDER: MLC CONSTRUCTORS, INC. SECTION3 NON -COLL USIONAFFIDAVIT CBF -19 BIDDER: MLC CONSTRUCTORS, 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. S' atSe James McCoy Typed or Printed Name President/Treasurer Title MLC CONSTRUCTORS, INC. Bidder d and sworn before me This _ day o 20 (Seal) Notary Public in and for the State of Calif ommission Expires: Cf L'/ CBF -20 CALIFORNIA JURAT GOVERNMENT CODE § 8202 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 Countyof Ritterciria w >„ KARINA JASMIN CHAVEZ S'NotaryPublic-California Riverside County Commission d 2444064 My Comm. Expires May 10, 2027 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this 3rd day of September , 2o_24 , by Date Month Year (1) James McCoy (and (2) Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(x) who before me. Signature Sig re of otaryPublic Completing this information can deter alteration of the document or ulent reattachment of this form to an unintended docuajamt! Description of Attached Title or Type of Document: (Rewse4) Document Date: Than Named Above: ©2018 National Notary Association MLC Consh•uctors, Ina Corporate Resolution of Signing Authority WHEREAS, the ,Corporation is determined to grant signing and authority to certain person(s) described hereunder. RESOLVED, that the Board of Directors is hereby authorized and approved to authorize and empower the following individual to make, execute, endorse and deliver in the name of and on behalf of the corporation, but shall not be limited to, any and all written instruments, agreements, documents, execution of deeds, powers of attorney, transfers, assignments, contracts, obligations, certificates and other instruments of whatever nature entered into by this Corporation. Name: James McCoy Position/Title: President Telephone Number: 951-393-0781 Email Address jim@rnlcconstructors.com Signature The undersigned certifies that he/she is the properly elected and qualified Secretary of the books, records and seal of NEC Constructors, Inc., a corporation duly conformed pursuant to the laws of the state of California, and that said meeting was held in accordance with state law and with the Bylaws of the above-named corporation. This resolution has been approved by the Board of Directors of NEC Constructors, Inc. on March 4, 2021. I, as authorized by the Company, hereby certify and attest that all the information above is true and correct. Thomas Luby Secretary APPENDIX F - CERTIFICATIONS FOR FEDERAL -AID CONTRACTS IN ADDITION TO CITY'S STANDARD CONTRACT, THE FOLLOWING REQUIREMENTS WILL ALSO BE INCLUDED IN THE CONTRACT DUE TO ARPA FUNDING REQUIREMENTS. THE CONTRACTOR SHALL ALSO COMPLY WITH THE ARPA REQUIREMENTS Page: APPENDIX B -Certifications for Federal -Aid Contracts.) Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) 1. The CONTRACTOR certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. Business Name: MLC CONSTRUCTORS, INC. Date: 8/30/2024 By: James McCoy - President/Treasurer Name and Title of Authorized Representative "rfa"ture of Authorized Representative Page: APPENDIX a -Certifications for Federal -Aid Contracts.2 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to fumish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant Teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred; "'suspended," "ineligible," "lower tier covered transaction, "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations It CFR Part 145). 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page: APPENDIX B -Certifications for Federal -Aid Contracts.3 NON -LOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The CONTRACTOR certifies, by signing and submitting this contract, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONTRACTOR also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Business Name: MLC CONSTRUCTORS, INC. Date: 8/3012024 By; James McCoy - President/Treasurer Name and Ti le of Authorized Representative S' nre ofuth rized Representative Page: APPENDIX B -Certifications for Federal -Aid Contracts.4 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE TRIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal 3. Report Type: -NON-APPLICABLE NI♦ Action:'NON-APPLICABLE t.)'p • NON -APPLICABLE P14 ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For material Change Only: e. loan guarantee year_ quarter_ f. loan insurance date of last report J. Name and ..Address of Reporting Entity 5. If Reporting Entity in No. J is Subawardee, -NON-APPLICABLE iU A Enter Name and Address of Prime: Prime Subawardee • NON -APPLICABLE N� A Tier. if known Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: NON -APPLICABLE -NON -APPLICABLE NSA Nva 8. Federal Action Number, if (mown: `NON -APPLICABLE N' 4 10.a. Name and Address of Lobby Registrant (If individual, last time, first name, MI) NON -APPLICABLE w I A CFDA Number, if applicable 9. Award Amount, if known: $ 'NON -APPLICABLE N1A 10.b. Individuals Performing Services (including address if different from No. 10) (last name, fust time, MI) • NON -APPLICABLE (attach Continuation Sheet(s) if necessary) 11. Information requested through this form is Signature: authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material Print Name: Lames McOoy representation of fact upon which reliance was placed by We der above when his transaction 11as made or entered into. This disclosure is required Title: Presdenvrreaswer pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be Telephone No.: 951-3910781 Date: ere 4 subject to a civil penalty of not less than $ 10,000 and not more than $100,000 for each such failure Federal Use Only: Authorized for Local Reproduction Standard Form — LLL (Rev. 7-97) Page: APPENDIX B -Certifications for Federal -Aid Contracts.5 INSTRUCTIONS FOR COMPLETING SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in comtection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP -DE -90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state, and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). Page: APPENDIX B -Certifications for Federal -Aid Contracts.6 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. Page: APPENDIX B -Certifications for Federal -Aid Contracts.7 This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s). By Execution of this Contract, Contractor hereby certifies that it will comply with the following provisions required for a federally assisted construction contract and agrees to comply with the following: A. General Principles: CONTRACTOR shall, comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS 'The Uniform Guidance", which can be viewed at httos //www.ecfr.cov/current/title-2/subtitle- A/chapter-IUpart-200?toc=1 CONTRACTOR shall comply with all federal, State and other funding source requirements. CONTRACTOR shall, at its own expense, furnish all cost items associated with this Agreement except as herein otherwise specked in the budget or elsewhere to be furnished by CITY. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONTRACTOR shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONTRACTOR shall also certify that none of the proposed equipment or services are produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or produced by an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country in accordance with 2 CFR 200.216. B. Surplus Area Firms: CONTRACTOR shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firm by: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and Page: APPENDIX B -Certifications for Federal -Aid Contracts.8 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. c. Domestic Preference: In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non -Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. D. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. E. Procurement of Recovered Materials: CONTRACTOR shall comply with 2 CFR part 200.323. CONTRACTOR shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONTRACTOR certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONTRACTOR shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to CITY upon request. A non -Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in Page: APPENDIX B -Certifications for Federal -Aid Contracts.9 guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. F. Byrd Anti -Lobbying Amendment: (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. CONTRACTOR shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award by CONTRACTOR or CONTRACTOR's Subcontractors. In accordance with 31 U.S.C. 1352, CONTRACTOR shall also file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. CONTRACTOR shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. G. Clean Air Act (42 U.S.C. Sections 7401-76718 ) and the Federal Water Pollution Control Act: (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251- 1389). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 at seq. CONTRACTOR agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 at seq.). CONTRACTOR agrees to report each violation to the USDA and the appropriate EPA Regional Office. H. Right of Inventions: Contractor shall comply with the requirements of 37 CFR Par 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the Treasury. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non -Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working Page: APPENDIX B-Certifi cations for Federal -Aid Contracts.10 conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. J. Davis -Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal contractor must report all suspected or reported violations to the Federal awarding agency. K. The Contractor and all Subcontractors and Sub -subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Section 3.10.6 "Prevailing Wages" for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis -Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract. L. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. M. Termination for Cause and Convenience: The City may, at any time, terminate this Contract for the City's convenience and without cause by giving prior written notice of City's intent to terminate this Contract of which shall specify the effective date of such termination. Upon such termination for convenience, Contractor shall be compensated only for those services and tasks which have been performed by Contractor up to the effective date of the termination. Contractor may not terminate this Agreement except for cause as provided under section 9(b), below. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished products and other information of any kind prepared by Contractor in connection with the performance of the Work. Contractor shall be required to provide such products within fifteen (15) calendar days of City's written request. No actual or asserted breach of this Contract on the part of City pursuant to Section 9(b), below, shall operate to prohibit or otherwise restrict City's ability to terminate this Contract for convenience as provided under this Section. N. EaualEmployment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60 - Page: APPENDIX B -Certifications for Federal -Aid Contracts.11 1.4(b), in accordance with Executive Order 11246, "Equal Employment opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts. 0. Nondiscrmination Clause: CONTRACTOR shall ensure that services and facilities are provided withoui t regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including , but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal -Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.0 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, at seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONTRACTOR shall ensure that project activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). P. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. Page: APPENDIX B -Certifications for Federal -Aid Contracts.12 (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractors commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received Page: APPENDIX B -Certifications for Federal -Aid Contracts.13 from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. Q. Data Collection Requirements — Contractor agrees to collect pre -post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request. R. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request. S. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City. T. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment. U. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City. V. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor's requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 201h day of the following month. W. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and Page: APPENDIX B -Certifications for Federal -Aid Contracts.14 subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply. X. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25. Y. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170. Z. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury's implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. AA. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. BB.Government Requirements for Drug -Free Workplace, Title 31 C.F.R. Part 20. CC. New Restrictions on Lobbying, Title 31 C.F.R. Part 21. DD.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601- 4655) and implementing regulations. EE. Applicable Federal environmental laws and regulations. FF. Statutes and regulations prohibiting discrimination include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury's implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et sec.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 at sec.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 at seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. GG. Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Page: APPENDIX B -Certifications for Federal -Aid Contracts.15 HH.Any publications produced with ARPA funds must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to Los Angeles County by the U.S. Department of Treasury." II. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. JJ. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers. KK.As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it: i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d at seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents. ii. Acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication. iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities. iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. LL. The City must include the following language in every contract or agreement subject to Title VI and its regulations: "The sub -grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d at seq., as implemented by the Department of the Treasury's Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement." MM. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. Page: APPENDIX B -Certifications for Federal -Aid Contracts.16 NN.Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing. 00. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations. PP. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later. QQ. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112. RR.In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. SS. City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall control. Page: APPENDIX B -Certifications for Federal -Aid Contracts.17 Attachment E Construction Contract with Royal Construction Corp CONSTRUCTION CONTRACT PUBLIC SAFETY CENTER UPGRADES, PROJECT No. 31028 (ROYAL CONSTRUCTION CORP.) PARTIES AND DATE This Contract is made and entered into this 8th day of October, 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 Royal Construction Corp. with its principal place of business at 11680 Goldring Rd., Ste A. Arcadia, CA 91006 (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 PUBLIC SAFETY CENTER UPGRADES PROJECT 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 hereto and incorporated ROYAL CONSTRUCTION CORP. Page 2 of 11 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 October 8th, 2026 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 Hanson Ho, or 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, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. ROYAL CONSTRUCTION CORP. Page 3 of 11 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 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) ROYAL CONSTRUCTION CORP. Page 4 of 11 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 prior written 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 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, ROYAL CONSTRUCTION CORP. Page 5 of 11 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:VI II 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 TWO MILLION, THREE HUNDRED EIGHTY-EIGHT THOUSAND ($2,388,000.00) 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 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 ROYAL CONSTRUCTION CORP. Page 6 of 11 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: Royal Construction Corp. 11680 Goldring Rd. Ste. A Attn: Hanson Ho Tel: (626) 358-6688 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, City Manager 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. ROYAL CONSTRUCTION CORP. Page 7 of 11 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 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 ROYAL CONSTRUCTION CORP. Page 8 of 11 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 Parry 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 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 ROYAL CONSTRUCTION CORP. Page 9 of 11 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] ROYAL CONSTRUCTION CORP. Page 10 of 11 CITY OF ROSEMEAD Ben Kim, City Manager Attest: Date Ericka Hernandez, City Clerk Approved as to Form: ROYAL CONSTRUCTION CORP. By: Signature Date Name: Print Title: Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Rachel Richman, City Attorney Date Name: ROYAL CONSTRUCTION CORP. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL ROYAL CONSTRUCTION CORP. EXHIBIT B 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 the following terms and conditions: ROYAL CONSTRUCTION CORP. • 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- orbetter 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: 1. 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, officials, employees, agents, and volunteers shall be additional insurer under such policies ROYAL CONSTRUCTION CORP. 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. ROYAL CONSTRUCTION CORP. 9. 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 any way 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 ROYAL CONSTRUCTION CORP. 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.