Loading...
CC - Item 4G - Rosemead Park Restroon Renovation Adjacent to Aquadic Center Award of ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: NOVEMBER 12, 2024 SUBJECT: ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER - PROJECT NO. 41026 — AWARD OF CONSTRUCTION CONTRACT SUMMARY As part of the City's Fiscal Year 2023-24 Capital Improvement Program, the City Council approved the Rosemead Park Restroom Renovation Project. The Project will renovate the existing men's and women's restrooms at Rosemead Park adjacent to the aquatic center. The Project scope includes upgrading deteriorating structures and inclusion of ADA compliant fixtures, installation of additional restroom stalls, interior surfacing, plumbing, and lighting modifications. On September 23, 2024, staff published a Notice Inviting Bids for construction of the Project. On October 23, 2024, the City received ten (10) bids. Based on staff's comprehensive bid analysis, the bid submitted by Bridgerock Construction, Inc. in the amount of $258,800, is determined to be the lowest responsive bid. DISCUSSION On September 23, 2024, a Notice Inviting Bids was published on PlanetBids and published in local newspapers on September 26th and October 3`a, 2024. Bids were received through the City's Planetbids portal until 10:30 a.m, on Wednesday, October 23, 2022. The City received ten (10) bids with the following results: Contractor from low to high amount Location Bid Amount Brid erock Construction, Inc. La Puente, CA $258,800.00 R Dependable Construction, Inc. San Bernardino, CA $262,570.00 Corral Construction and Development, Inc. Commerce, CA $289,989.00 Global Builders, Inc. Lapuna Hills, CA $298,888.00 MLC Constructors, Inc. Corona, CA $313,137.00 Zuma Construction Group, Inc. Thousand Oaks, CA $328,500.00 Corner Ke stone Construction Corp. Walnut, CA $388,388.79 AGENDA ITEM 4.G City Council Meeting November 12, 2024 Page 2 of 3 Venture Construction & Management Corona, CA $389,770.00 RAMSA Construction, Inc. Sherman Oaks, CA $430,000.00 Stallworth Construction and Management Palmdale, CA Corp. _ $465,000.00 Staff conducted a comprehensive bid analysis and verified CA contractor's licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references for Bridgerock Construction, Inc. During the bid analysis phase, Staff identified a minor irregularity in Bridgerock Construction'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 oefSan Leandro, 223 Cal. App. 4th 1181, 1188.) Staff, in consultation with legal counsel, determined that the irregularity in Bridgerock Construction, Inc's bid would not change the bid amount or give Bridgerock Construction, Inc. a competitive advantage, and therefore were not material to the bid. Staff requested that Bridgerock Construction, Inc., fill out and submit Appendix C (Certifications for Federal -Aid Contracts) in its entirety. Bridgerock Construction, Inc. responded to the aforementioned request and submitted Appendix C within the allotted 48 hours. Staff reviewed Bridgerock Construction, Inc's submittal and determined that it is qualified to bid and perform the work. The bid submitted by Bridgerock Construction, Inc. in the amount of $258,800 was confirmed and determined to be the lowest responsive bid. STAFF RECOMMENDATION It is recommended that the City Council: Approve the plans and specifications for the Rosemead Park Restroom Renovation Adjacent to the Aquatic Center — Project No. 41026; 2. Waive the minor irregularity in Bridgerock Construction, Inc's bid; and 3. Authorize the City Manager to execute a construction contract with Bridgerock Construction, Inc. in the amount of $258,800. In addition, authorize an amount of $25,880 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total construction budget of $284,680. FINANCIAL IMPACT The Project was funded within the Fiscal Year 2024-25 CIP budget and consists of atotal approved project budget of $440,000, including $400,000 in American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLRF) and $40,000 in Street Light District Funds. City Council Meeting November 12, 2024 Page 3 of 3 The following is the breakdown of the construction phase budget: Construction Contract $258,800 Construction Contin enc 10% $25,880 Total Construction Cost $284,680 ENVIRONMENTAL REVIEW The proposed work involves the rehabilitation of an existing public facility; therefore, the project is Class 1 Categorically Exempt pursuant to 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. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: ////'' Leonardo Martinez, Transtech Engineers Attachment A: Bid Opening Results Attachment B: Bridgerock Construction Bid Proposal Attachment C: Construction Contract Agreement with Bridgerock Construction, Inc. Attachment D: Other Bids Received — Rosemead Park Restroom Renovation (9 Total) Attachment A Bid Results MINUTES OF THE BID OPENING NOTICE OF INVITING BIDS -NIB NO. 2024-29 ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT NO. 41026 Due Wednesday, OCTOBER 23, 2024, at 10:30 a.m. Atotal of 10 bids were received. Submitted By: Ericka Hernandez, City Clerk Contractor City Date/Time Received Bid Amount Corral Construction & 1 Development, Inc., 10/23/2024, 08:03:28AM $289,989.00 Commerce Global Builders, Inc., 2. Laguna Hills 10/23/2024, 09:18:26 AM $298,888.00 3. MLC Constructors, Corona 10/23/2024, 09:55:26 AM $313,137.00 4. Stallworth Construction and Management Corp., 10/23/2024, 09:58:03 AM $465,000.00 Palmdale Corner Keystone Construction 5. Corporation, 10/2312024,,'09:58:40 AM $388,388.79 Walnut 6. R Dependable Const. Inc., San Bernardino 10/23/2024, 10:04:52 AM $262,570.00 RAMSA CONSTRUCTION INC., $430,000.00 7. Sherman Oaks 10/23/2024, 10:07:56 AM Venture Construction & 8. Management., 10/23/2024, 10:11: AM $389,770.00 Corona BRIDGEROCK CONSTRUCTION $258,800.00 9• INC. 10/23/2024, 10:18: AM La Puente 10. Zuma Construction Group Inc., Thousand Oaks 10/23/2024, 10:25:46 AM $328,500.00 Submitted By: Ericka Hernandez, City Clerk Attachment B Bridgerock Bid Proposal CITY OF ROSEMEAD CALIFORNIA ADDENDUM #2 REQUEST FOR BIDS FOR ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 Date Issued: October 16, 2024 Addendum for: Rosemead Park Restroom Renovation Adjacent to Aquatic Center Project No. 41026 Addendum No.: 2 Addendum Date: October 16, 2024 Issued by: City of Rosemead Reminder 1: Bid due date/time remains the same. Proposals are still due by 10:30 a.m. on Wednesday, October 23`d, 2024. Reminder 2: Please sign Addenda Acknowledgement on page CBF -9 of Bid Package Section Titled "Contract Bid Forms". Reminder 3: Please carefully review Bidder's Responsiveness Checklist from the Instructions to Bidders on page ITB -8 for a list of documents that need to be combined as one file and uploaded as "Contract Bid Forms" to PlanetBids. Addendum 2 reissues the project bid schedule (see Attachment A) to include rental of temporary restroom facilities throughout the project duration. Bidders shall fill out the revised bid schedule per Addendum #2 when submitting their bids to be considered responsive. Attachments: Attachment A: Reissued Project Bid Schedule, per Addendum 2 Issued by City of Rosemead Addendum 2, Page 1 of I ATTACHEMENT A -REISSUED BID SCHEDULE PER ADDENDUM 2 BIDDER: Bridgerock Construction Inc. CITY OF ROSEMEAD ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 SECTION I -BID SCHEDULE CONTRACT BID FORMS CBF -1 Bridgerock Construction Inc. REISSUED BASE BID SCHEDULE, PER ADDENDUM #2 SCHEDULE OF PRICES FOR ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 CBF -2 EST. UNIT ITEM NO. ITEM DESCRIPTION QTY. UNIT PRICE COST Temporary Restroom Facilities - work shall include rental of two portable restrooms and two hand washing 1 stations. The contractor shall ensure that 1 LS $ /0000 $ /0000 the portable restrooms and hand washing stations are regularly maintained (cleaned and stocked) throughout the construction duration. Site Work: Demolition- Removal and disposal of toilet partitions, Interior 2 fixtures, walls, curbs, plumbing, pavement 1 LS $ 18000 $ 18000 (includes sawcut slab on grade, tile (mortar base), electrical, incidentals per tans and s ecifications Concrete Foundation/ Slab: Construct 3 new slab and level floors as necessary, 1 LS $ 18000 $ 18000 incidentals per plans andspecifications Interior Walls: Metal Stud framing – 6" @ 4 16" OC. Add Blocking/sheathing to chase 1 LS $ 24000 $___14000 wall. Gypsum board to walls/ceilings. Incidentals per plans andspecifications 5 Roofing: Patch & Repair Roofing 1 LS $ s0oo 80006 $---20-00- 6 Caulk and Sealants 1 LS $ 2o0o $ 2000 Doors/Frames/Hardware: Metal gate, 7 Exterior lever hardware, hold open 1 LS $ 16500 $ 16500 latches, kick plates, incidentals per plans ands ecifications S Ceramic Tile – Base 1 LS $ X000 $ 7000 9 Epoxy Flooring 1 LS $ 15000 $ 15000 Paint/Wall Covering: Power wash interior walls, paint to interior walls & ceiling. FRP 10 Wall Paneling, skim coat on CMU Walls, 1 LS $ 28000 $____28000 Graffiti Resistance Coating, incidentals per plans andspecifications Toilet Accessories: Toilet partitions – FGrab ADA- solid plastic, Toilet Partitions – Solid 1 LS $_!4000 $ 24000 Plastic, Urinal Partitions – Solid Plastic, bars, Toilet Pa er Dis ensers – CBF -2 Bridgerock Construction Inc. NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST Vandal Resistant, Seat Cover Dispensers — Vandal Resistant, Soap Dispensers — Vandal Resistant, Mirrors with Graffiti Protection Film, Electric Hand Dryers, incidentals per plans and specifications Misc. Specialties: Door signage, ADA 12 Striping at Parking Lot, incidentals per 1 LS $ 7800 $ 7100 plans and specifications Plumbing: Water Closets, add Water Closet, Lavatories, Urinals, Trap Primers with access panels, Water Hammer 13 Arrestors, Sewer Lateral Replacement, 1 LS $ 90000 $ ss000 Flush and Inspect to street, Floor Drains, Rough in @ fixtures, Rough in to fixtures at new locations, incidentals per plans and s ecifications HVAC; Exhaust Fans, Roof Penetrations 14 and Flashings, G.I. Duct Work — Round, 1 LS $ 9000 $ 9000 incidentals per plans andspecifications Electrical Systems: Lighting: (1x4) Surf Mt — Vandal Resistant — Integ OCC Sensors 15 — 43 W LED, Exit Sign/Bud Eye Combo w/ 1 LS $ 7000 $ 7000 batt. Backup -5W LED, Occupancy Sensors, incidentals per plans and Spec Ga ons Electrical Systems: Power: J -Boxes, 16 Motor Connections, Conduit and Wire, 1 LS $ 9900 $ 9500 incidentals per plans and specifications TOTAL BASE BID AMOUNT IN NUMBERS $ 251,800.00 TOTAL BASE BID AMOUNT IN WORDS: TWO HUNDRED FIFTY EIGHT THOUSAND AND EIGHT HUNDRED DOLLARS ONLY ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER 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 -176 Part "D" Appendix Appendix A — Project Plans CBF -3 BIDDER: Bridgerock Construction Inc. Appendix B — Project Cut Sheets and Project Manual 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 Rosemead Park Restroom Renovation Adjacent to Aquatic Center, Project No. 41026. 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 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 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 Bidder's California contractor's license(s) in good standing; (2) N-..3�! BIDDER: Bridgerock Construction Inc. 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 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: Austin Henig 10/10/24 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum Dated 10/15/24 Addendum No. 2 Dated 10/16/24 Addendum No. Dated Addendum No CBF -5 BIDDER: Bridgerock Construction 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. C BIDDER: Bridgerock Construction 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 -7 By: Signature Austin Henig Type or Print Name Principal Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: BIDDER: Bridgerock Construction Inc. 524 S 4th Ave. Business Street Address La Puente, CA 91746 City, State and Zip Code 951-531-3007 Telephone Number California 1094028 2000003619 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. BIDDER: Bridgerock Construction Inc. SECTION 2 BID DATA FORMS 9211M BIDDER 1 "N"" ".C�a'sbucecm Inc Bidder shall suhmit to Bid data in accordance with the lbruial shown on each 01 -the following Bid Data I orrm Bidder, shall prepare and use as many sheets as are necessary to adequately provide the inliormauon required, Bidder shall ensure that etery page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL N-IEN BY THESE PRESENTS: TI TAT Bndgerocx Censonctron Inr_ as Principal, and Amencan Cwtiaciore Indemnity Company _ as Surety, are held firmly hound unto the er called the OWNER) in the sum of CITY OF ROSEMEAD (hereinall Ten Percent of Bad Ammret DOLLARS IS to % 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 se%crally, firmly by these presents. \WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated U92a2024 NO1k, 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) lurnishes 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 ism day of October—_ _--, 2024 Aml.n G01111 -dM Indvmmty Comrany(SEAL) Brldgerock Construction. Inc. (SEAL) _ _ Principal Surely By:y Igne — ✓� )aWll.' IgnnlUl'e Mike Molshenker, Attorney •0 Fact CBF -10 ACKNOWLEDGMENT A notarypublic or other officer completing chis certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or �_validit of that document_____ _—� State of California Ventura County of Shannon Katrina Martinez On / f�, / before me, (insert name and title of the officer) personally appeared r' r / ./c_ i C who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in signature(histherttheir authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ., SHANNON YATRIMA W�T�NEI MMary PUBlk Canfmm+ i "y - Ven�v+e Cowry _ Ccmmr wm+leGUa mEe TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, Texas Bommng Company, an assumed name of American Contractors Indemnity Company, United States Surely Company, a Maryland corporation and U S. Specrahy Insurance Company, a Texas corporation (collectively, the `Companies'), do by these presents make., constitute and appoint MIKE MELSHENKER of VENTURA. CALIFORNIA its true and lawful Atlomey(s)-m-tact, each In their separate rapacity it more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other Instruments or contracts of suretyship to Include riders, amendments, and consents of surety, providing the bond penalty does not exceed --Five Million""' Dollars ( —55,000,000 06"' f This Power of Attorney shall expire without further action on January 31' 2028 Thts Power of Allorney Is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Bo,! Resahed that the Piesldenl, any Vire-Prosiderd any Assistant Vice-Presldonl, any Secretary or any Assistant Secretary shall be and is hereby rested with lull power and authority to appoint any one or more suitable persons as Atlorney(a) in Fact to represent and act lot and on behalf of the Company subject to the fallowing provisions Atwmoy-m-Fed may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognisancesconbacls, agreements or indemmiy and other conditional or obligatory undertakings. Including any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts, and any and all notices and documents cancelmg or terminaling the Company's liability thereunder, and any such Instruments so executed by any such Altomey-m-Fad shall be binding upon the Company as if signed by the President and sealed and affected by the Corporal) Secretary es it Reso;veJ, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any centficate relating thereto by lammileand any power of allorrey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached. IN WITNESS WHEREOF, The Companies have caused this Instrument to be signed and their corporate seals to be hereto affixed, this ie day of February 2024 "I'll .1 """ °' 0yjll AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS or State of California County of Los Angeles yuHgiko,co. ,zPg@5 90Re", ;�y, `ii s "'e BONDING COMPANY, UNITED STATES SURETY COMPANY, U.S. SPECIALTY INSURANCE COMPANY Daniel Aguilar, V Ice President ;r officer completing this certificate verifies only the identity of the individual who signed the document to which On this 1&1 day of February 2024, before me, D, Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscnbed to the within instrument and acknowiedged to me that he executed the same in his authorized capacity, and that by his 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 offi I seal.�o.untzrxta Signature (seal) nc. casco loan ir rens 1, Ke Lo, Assistant Secretary of American Contractors indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty insurance Company, do hereby certify that the above and loregumd is a true and correct copy of a Power of Attorney, executed by said Companies, which is stili in full force and effect forth aeon, the. asn!utrons of the Boards of Directors, set out in the Power of Attorney are in full force and effect. Whefeof, „J haw ffereunto set my hand and affixed t1W eat^ of said ^Pmpamea at Los Angeles, California this day ot_�,5��at�f ' Z4 Bond No < Sr,- 'LF` u�''• r�,1 �_ S', Kw to. A i. an15ecrelar Agency No 700520 it w If°, w... �'z- o. Y c.it ♦"...�N u^r .; rrref ni t r..i iJ_C5MY ..-3 lmhcc coin)surety for more x a 0 ir; A notary public or other officer completing this certificate verities only the Identify 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 On IL is 1-, . s r1_ before Tire. Kimberly Sears Notary Public personally appeared /:,,� In ;��/' p whose who proved to me on the basis of sallsfa ry evidence to be the erson(sj nameO dsyare subscribed to the within instrument and acknowledged to me that elshe/they executed the same i IVIler/their authorized capacity(es), and that by her/their signaturets) on the inetnunent the person(ss), 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. KIMBERL SY SY URS COMM. 02443468 z 0 Notary Public - California o z - San Bernardino Countyy F Comm. Er�ea W 4,17If WI rNESS my hand and official seal. not Puble SItInabue [ � OF THE ATTFCHED DOCIr lFNT (APag(. & Dt,cln ai DrIt+,_ UAPF,CITY CU -31,41-' MY A HE it 1141 P ` Individual4) f 1 Corpurafe Offlr.r-.r C 1 Partners) r_l Aliorney-inFact Tiustee(s) (NoNry Poohr Seory fim iIgti I It( r I loN1, I UR I Anti I- I INT, I 11 rURM r. F�. tl i 11 �t^nh,, rhmX �.(' nn,r n.,baq• l�m �1:11v anit IIO udlnfi ur n'ul lc lh 41A ,nit l'.un uhi the dlriuYntm i mal'.11 I dh opp,: J I c1'I Jin r t u I abbe Lu a Au xl J main I I tl. �.I I I n it .III I Ih Ia1 II a i t 1 P' ....... ehl:.h uuia al. f II u.. lot til, 'JI r I,iI n m laps l Ila m:Ii I .I. uvi III lin , 'ei ern a I� , it "nhm III, s ho wr I 1 1 bt i ai.l dI } oduwLl, pobha Ince ui uJnnn �i , I .n11c ad b� I .b •u ul J.�I nvl is mduq, Ih: n. -i S =:1 nign.,.r �,I nma lir: d n mnl ph�a.� upin.nln Ic pr tlah?c nih.iai I , r=: mn�, 11� I I�c a�nipl.Ic Id0611 U1 ad 1 luhoi o -.el I:nw bnlaium ..I Ih, n, T,n, pnhlu mud ur,v.h the tiwnatmc "m 19<,dll, the .�Ili:e ni ih ,onni,All, -ddobb..... . I ulAI,,, i I mj11I. ILd I, dM,A[d i.•'.I rl i.I cunm:d I2.�t.111 rJ...11 u. nr. ri..; II ..alit nes �1) -'.h. tl. d_iilc,I 11, 11 aI1 rI ..µ1I.I "I, I, ISI; Irl, I, IIII I i tT �,I�.r', U.n !II Ida1a'h dda�W�'J 1Jl fr_I iii �(lr.A,lS (APag(. & Dt,cln ai DrIt+,_ UAPF,CITY CU -31,41-' MY A HE it 1141 P ` Individual4) f 1 Corpurafe Offlr.r-.r C 1 Partners) r_l Aliorney-inFact Tiustee(s) (NoNry Poohr Seory fim iIgti I It( r I loN1, I UR I Anti I- I INT, I 11 rURM r. F�. tl i 11 �t^nh,, rhmX �.(' nn,r n.,baq• l�m �1:11v anit IIO udlnfi ur n'ul lc lh 41A ,nit l'.un uhi the dlriuYntm i mal'.11 I dh opp,: J I c1'I Jin r t u I abbe Lu a Au xl J main I I tl. �.I I I n it .III I Ih Ia1 II a i t 1 P' ....... ehl:.h uuia al. f II u.. lot til, 'JI r I,iI n m laps l Ila m:Ii I .I. uvi III lin , 'ei ern a I� , it "nhm III, s ho wr I 1 1 bt i ai.l dI } oduwLl, pobha Ince ui uJnnn �i , I .n11c ad b� I .b •u ul J.�I nvl is mduq, Ih: n. -i S =:1 nign.,.r �,I nma lir: d n mnl ph�a.� upin.nln Ic pr tlah?c nih.iai I , r=: mn�, 11� I I�c a�nipl.Ic Id0611 U1 ad 1 luhoi o -.el I:nw bnlaium ..I Ih, n, T,n, pnhlu mud ur,v.h the tiwnatmc "m 19<,dll, the .�Ili:e ni ih ,onni,All, -ddobb..... . I ulAI,,, i I mj11I. ILd I, dM,A[d i.•'.I rl i.I cunm:d I2.�t.111 rJ...11 u. nr. ri..; II ..alit nes �1) -'.h. tl. d_iilc,I 11, 11 aI1 rI ..µ1I.I "I, I, ISI; Irl, I, IIII I i BIDDER: Bridgerock Construction 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 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF - 11 BIDDER: Bridgerock Construction 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 License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No Name and Location of Subcontractor License No.: Department of Industrial Relation Registration No. Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: 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. CBF -12 BIDDER: Bridgerock Construction 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: Tri City Mental Health Office Remodel - 2001 N Garey Pamona, CA Name and Address of Owner Alex Ramirez / (909) 326 - 4643 / aramirez@tricitymhs.org Name and telephone number of person familiar with project $303,059.48 Tenant Improvement 9/13/24 Contract amount Type of Work Date Completed 2' Eastvale City Hall Expansion. - 12363 Limonite Ave #910, Eastvale, CA 91752 Name and Address of Owner Jacob Lichtenberger/ (951)790-8155 /jlichtenberger@eastvaleca.gov Name and telephone number of person familiar with project $174,000 Tenant Improvement 8/15/24 Contract amount Type of Work Date Completed 3• Metropolitan Water District Tenant Improvemen Name and Address of Owner Erich Kunze / (909)697-5659 / ekunze@mwdh2o.com Name and telephone number of person familiar with project $169,000 Tenant Improvement 8/21/24 Contract amount Type of Work Date Completed CBF -13 BIDDER: Bridgerock Construction Inc. 4. Chavez Academy Elementary School Name and Address of Owner Andrew Stener(951)736-5045 Name and telephone number of person familiar with project $69,851 School Class Room Remodel Contract amount Type of Work CBF - 14 5/21/24 Date Completed SECTION 3 NON -COLLUSION AFFIDA VIT CBF -15 rCK� stnicton BIDDERBrr�ge� Inc NON -COLLUSION AIT!t)AVIT In accordance with public Contract Cchie Section 7106, the undersigned, gried, being first duly SWOM, depose,�_- and Sys that he or she holds the. I-Kisun)n listed below will, the bidder, the party making bid is not made in the interest of, or on behalf of, 2 the foregoing bid, that file, any undisclosed person, partnership, company, association, of,gunizalioll, or corporation that the bid is genuine and not collusive or sham, [hat the bidder has riot directly or indurt-cliv; induced or solicited any other bidder to pill 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 directly or indirectly, sought by agreement, communication, or conference in any manner, dir verhead, with anyone to fix the bid price of the bidder or any other bidder, or to fix any o 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 infinnilation or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organisation, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid '-subscribed and sworn before me phis'_-`_ ,day of Notary Public in and for the Stale of California My Commission Expires: Signature Austin Henig Typed or Printed Name Principal Bridgemck Construction Inc Bidder 20 (Sea]) he ify of ale verifies A notary Public who siOther ned the doccompleting 10 I�h thisccertificate isoatt( chedcl�ntd not the individual9 the truthfulness, accuracy, or validity of that document. State of California County of !`— — -- Subscribed and sworn to (or affirmed) before me on this _-1-�_ day °f 20 A' c � by proved to me on the basis of satisfactory evidence before me. f— ign_ature OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DO WENT / /J / IT,`i=, or�srsptarn>f ottr.Xt� do;urr�oQ Trip or f'rrn o(atlecl' dxn lwrrLnodd) Number of Pages L (' Document Date-_. Adde,onel infhtena5ten � � ,<•. rnrr, r try r Y (Seal) to be the person(s) who appeared KIM®EALY SEARS COMM. a2443468 z `�, Notary Public Caidar 'a o z San Bernardino Cogni2027 M Comm. E, nes May INSTRUCTIONS The wording o/all Jurats completed in cadfomla after January 1. 2013 must t sfbe era no ercapGa�rs 11 a lural to be d Inas not asset loan rnihin this Jurat There* t follow fte.3 total, the notary must r,eco, the vorbia)a b/ using ajuraacrp canraming Ne ntp l such as his ore V41 correct wording Of atad wait alhopnotaryrate umusl mrequr�n e, tn,In cr afi �ron tram tilethe Proper Welding In rho ontant signer roganlmg lira InNdufness of the conhknls a dl ire dc.sument oe aocunvent must be signed AFTER Ire oath w afr I'la. n "tfileed c` p s I was previouslySigurd, if must no re-signed m front• aNhn notary p State and county ioformaboo musl he the state and counbre the document Signer(S) personally appeared h,fore the notary Public, prsonally . Oalo of notanzalion must be file dole the sign0r(s) p. appeared which mu>t also ba Out same date Ihc+ jural process Is coiS1ploted. nl slgner(s) who personally appear at Final the panic(,) of lho dor°umn the 16110 of no,edzalion. b Signature of ,hc notary pulic must match the signature on file with the office of the county clock lho nolary ,adl unpressiun must be clear and Photoglprossion mprwluciblo. lugvrssror, mus, nor cover text or lines II seal impression smudges, re -sial It a sulhcoeut area pa+m(rs, oth©rwise complete a different )ural lomr ,nl Addilioinfonnabon Is not rerluired but could help Aonium this- jural is not misused or attached to a daierenl documanL Indicate till, or type of attached document, numtx,r of .: pages and date. Securely attach this document to the signed document Volk a slapla Attachment C Construction Contract with Bridgerock Construction CONSTRUCTION CONTRACT ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER, PROJECT No. 41026 BRIDGEROCK CONSTRUCTION, INC, PARTIES AND DATE This Contract is made and entered into this 12th day of November, 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 Bridgerock Construction, Inc. with its principal place of business at 524 S 4th Ave. La Puente, CA 91746 (hereinafter referred to as "Contractor'). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER 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 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 November 12th, 2025 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Ben Kim, or his designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby Austin Henig, 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 BRIDGEROCK CONSTRUCTION, INC. Page 3 of 11 e for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be r 311i i 11 s performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days 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 a - promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed TWO HUNDRED FIFTY-EIGHT THOUSAND AND EIGHT HUNDRED ($258,800.00) 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 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: Bridgerock Construction, Inc. 524 S 4t" Ave. La Puente, CA 91746 Attn: Austin Henig Tel: (951) 531-3007 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. SRICGEROCK CONSTRUCTION, INC. 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 BRIDGEROCK CONSTRUCTION, INC. 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 Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an 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 BRIDGEROCK CONSTRUCTION, INC. 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] CITY OF ROSEMEAD Ben Kim, City Manager Attest: Date Ericka Hernandez, City Clerk Approved as to Form: uate Rachel Richman, City Attorney Date Signature Date Print [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] 0 EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL 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: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies using standard ISO endorsement No. CG 2010.. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. �' e • •.'. 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 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. Attachment D Other Bids Received ::ll 7N3eiza:]al:3ai�17a iYl�i[i7��liiiACi1 REISSUED BASE BID SCHEDULE, PER ADDENDUM 92 SCHEDULE OF PRICES FOR ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 NO. ITEM DESCRIPTION EST, QTY. UNIT UNIT PRICE ITEM COST Temporary Restroom Facilities - work shall include rental of two portable restrooms and two hand washing 1 stations. The contractor shall ensure that the portable restrooms and hand washing 1 LS $ 3,000.00 $31000 00 stations are regularly maintained (cleaned and stocked) throughout the construction duration. Site Work: Demolition- Removal and disposal of toilet partitions, Interior 2 fixtures, walls, curbs, plumbing, pavement (includes sawcutslab ongrade, tile 1 LS $ie,000.00 $ ie,000.00 (mortar base), electrical, incidentals per tans and specifications Concrete Foundation/ Slab: Construct 3 new slab and level floors as necessary, 1 LS $19,130 .00 $__19,130 00 incidentals per plans andspecifications Interior Walls: Metal Stud framing — 6" @ 4 16" OC. Add Blocking/sheathing to chase wall. Gypsum board to walls/ceilings. 1 LS $ u, 600.00 $ u, soo.0o Incidentals per plans andspecifications 5 Roofing: Patch & Repair Roofing 1 LS $3,000.00 $-L-000 00 6 Caulk and Sealants _ 1 LS $1,600.00 $ 1,600.00 Doors/Frames/Hardware: Metal gate, 7 Exterior lever hardware, hold open latches, kick plates, incidentals per plans 1 LS $17,000.00 $ 17,000.00 ands ecifications 8 Ceramic Tile — Base 1 LS $3,760.00 $_L,_760 00 9 Epoxy Flooring 1 LS $12,600.00 $—L2,600 00 Paint/Wall Covering: Power wash interior walls, paint to interior walls & ceiling. FRP 10 Wall Paneling, skim coat on CMU Walls, 1 LS $_L2,360.00 $__L2,360 00 Graffiti Resistance Coating, Incidentals per plans andspecifications Toilet Accessories: Toilet partitions — 11 ADA- solid plastic, Toilet Partitions — Solid Plastic, Urinal Partitions — Solid Plastic, 1 LS $zo,9oo.00 $221900 .00 Grab bars, Toilet Paper Dis ensers — CBF -2 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Vandal Resistant, Seat Cover Dispensers —Vandal Resistant, Soap Dispensers— Vandal Resistant, Mirrors with Graffiti Protection Film, Electric Hand Dryers, incidentals per pla ns and specifications Misc. Specialties: Door signage, ADA 12 Striping at Parking Lot, incidentals per 1 LS $1,200 00 $__e,200 00 plans and specifications Plumbing: Water Closets, add Water Closet, Lavatories, Urinals, Trap Primers with access panels, Water Hammer 13 Arrestors, Sewer Lateral Replacement, Flush and Inspect to street, Floor Drains, 1 LS $_L61 000.00 $_L61 000.00 Rough in @ fixtures, Rough in to fixtures at new locations, incidentals per plans and s ecifications HVAC: Exhaust Fans, Roof Penetrations 14 and Flashings, G.I. Duct Work—Round, 1 LS $16,840.00 $_L6,840 00 incidentals per plans andspecifications Electrical Systems: Lighting: (1x4) Surf Mt — Vandal Resistant — Integ OCC Sensors 15 — 43 W LED, Exit Sign/Bud Eye Combo w/ batt. Backup -5W LED, Occupancy 1 LS $15,460.00 $_15,460.00 Sensors, incidentals per plans and specifications Electrical Systems: Power: J -Boxes, 16 Motor Connections, Conduit and Wire, 1 LS $12,920.00 $__12,920.00 incidentals per plans and specifications TOTAL BASE BID AMOUNT IN NUMBERS $262,570. 00 TOTAL BASE BID AMOUNT IN WORDS: TWO HUNDRED SIXTY TATO THOUSAND FIVE HUNDRED SEVENTY DOLLARS ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER The scope ofworlc 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 -176 Part "D" Appendix Appendix A — Project Plans CBF -3 Appendix B —Project Cut Sheets and Project Manual The scope of work of this Lump Sum Bid Schedule also includes all work requited by the Technical Provisions included in this Bid Package for the Rosemead Park Restroom Renovation Adjacent to Aquatic Center, Project No. 41026. 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 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 — -=„ -------_Dollars ($ 26,257.00 ) said amount being not less than ten percent (10%) of the Total Bi _rrc •. The undersigned agrees that said amount shall be retained by the-Own�i�1 , L n aware fail.or refuse to execute the Contract and firrnish 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 ofthe 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) CBF -4 BIDDER: R DEPENDABLE CONST INC 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 the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The 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 lie/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: JOHNNY RUIZ 10/10/2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. 1 Dated 10/15/2024 Addendum No. 2 Dated 10/16/2024 Addendum No. Dated Addendum No. Dated CBF -5 BIDDER: R DEPENDABLE CONST 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 Vbeen 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 V If the answer is yes, explain the circumstances in the following space. CBF -6 BIDDER:R DEPENDABLE CONST 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 -7 f By: Signature ROSEMARY PADILLA Type or Print Name PRESIDENT Title _ BIDDER: R DEPENDABLE CONST INC 1019 W. 3RD ST. Business Street Address SAN BERNARDINO, CA 92410 City, State and Zip Code (909)381-2310 Telephone Number Bidder's/Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: N/A 1000002054 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. N -1 -low BIDDER: R DEPENDABLE CONST INC SECTION 2 BID DATA FORMS CBF -9 BIDDER: R DEPENDABLE CONST INC Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Dila Forms. Bidders shall prepare and use as aunty sheet~ as are necessary to adequate]%' provide the information required Bidder shall ensure that every page of its Bid Data Forms are properl% Ocnithcd wd.h the Bidder's name and page mmnbcr 2.A RID BOND KNOW ALL MEN BY THESE PRESENTS: THAT RDependable Constino , as Principal, and _ The Ohio Casualty Insurance Company , as Surety, arc held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the stun of DOLLARS ($10% ), being not loss that ten percent (10%) of the Total Bid P­rce,for the payment of which son will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,juinlly and severally, Firmly by these plescnis. WHrRF.AS, said ADJAC'ENT T17 At}LlNTIC CUNTER VROJFCT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated October 23. 2024 NOW. THEREFORE, if said Principal is awarded it Contract for the Work by lit: OWNER and, within the time and in the malmer required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, fhtrnishes the required bonds (one to guarantee Ndiful performance and the other to guarantee pavntent for labor and materials) furnishes Ille required insurance certificates and endorsements, and furnishes any otter certifications as may be required by the Contract, then this obligation shalt be null and void; otherwise it shill remain in fill force and effect. ht tic event suit is brought upon this bond by the OWNER and judgment is recovered, said Surcly shall pap all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fmcd by the court. SIGNED AND SEALED. Otis 18th day or October 2024 . R Dependable Const Inc (SEAL)The Ohio Casualty Insurance Company($EAL) Princi al e Surcq ByQ — By. `Sigmattve Rosen/ q edilla, President Shgnahud Ashley N. Bake,, Attomey-in-Fact CBF -10 _.Liberty Mantuan. SURETY execure, seal, admovnedge of these presents eras shall parsers Thin Power of Attomey Haiti the acts of these named herein, and they peva no au iffidlyto bind the companyexdaptln the manner end totho extent heroin latiaL Liberty Mutual Insurance Company _The Ohio Casualty Insurance Company WestAmericon insurance Company POWER OF ATTORNEY Carlini Nay e79@YTa-967721 The Ohm Casuady;)nsuranm Company Is a relpornikn duly organized under the Irma of the $late of New Harrieshire, thal genized under @a laws of the State of Maesso osens, and West Amerkan Insurance Company hea oorpmelon duly organized all edme'Gorvpanios'), pursuant to andby outlurily heroin act forth does hereby name, constitute and appolnu Ashley N, adman its comes say surely end as Its ad anddeed, any locant umkdalmars, banks. recognizanote and other surety obagink ns, In pursuance hymn rhe Companies as It nrcy have boon duly v1ped by the presktani and added by the secretary of the Companies In their own proper IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an suthafz Iherelothls Ilth day of_ May 2022ed agkar or offers[ a the Companies and the cowers 5e& Of the Compares he" SNI altked .- - -- - tNsu nue War llbedyMutual asumncecompany" The Ohie Copuagy Insurance company West American Insurance Company . s 1972.E 1919ap� d�_1997ao "7� _. Yy$'�PIN�' tisk nM B Y wauxP e'r Sy . Stale nrPENNSVLDavid M. Carey, Assonant SecretaryVANIA'- "' � �' CounlyorMONTGOMERY to Gritty Ifth dayof-- caMa 2N2 before rho Personally eptsemed David M.Grimy, who acknowledged himself lobe nwAssialad Secretary of Litany MUuN insurance Conany ryv, T s alfa sae ongany, ii@ West, American Instance Cnmparryr and That he, as such, being authorized iso to do, execute the foregoing instrument births purposes Therein caNakledby slgnlrm on behalf of the cosporajkos by himself axis duty amhafzedbmcer. a INYRTNESOWHEREOF,Ihaveheratmambscr!MmYnemeandeffaedmymtarialSealer King ofFirmsia,permsyivailh,onlhereyandyaeftketabovowdhen. SF. r„�i;,a, 1 Grtuapae¢Wa,urpemaykma. NtlarySeal 10 i i'' r' � Tmresa Pmnlnym; Ncbey P,Alh � . �i � Memeonwry Cerny �, f% �/ � `� 1 Nyrommdmsbn¢nrms Smnn2a,ym't5 By! �1Cdd) /fiLlu terom.Paslelm,Ndary Public Pb This Pow of Alfamay is made and. executed pursuant In and by eulhomry of jhe fallowing Bydews and Authorizations of The Ohio Casualty msurarim company, Liberty MUNal Insurance Company, and WestAmarlem Insurance Cemrtsny Wbiuh n edutune am now in full force and effect reading as fctmwa� ARTICLE IV-CFF161ft gedren 12. Poaa of Attorney, Any ofrxer Cr. olhei oKictai of Ihe,Capaafion authorized for that purpose In writing by the Chairman or the President and subject to such limirofion as the Chairman w the President may premmbe, shelf appoint such aaorasys-kl-tad, Do May be 0ecessafy to set in behalf of the Corporation to make, exemia, Seal, acknowlectre and deNver as surety any and all utkedakino. bods IsCapnizaricas and other surely obligations. Such adamyn-in-fad, subject to to limitations set forth in their respective pewom of allamey, shall have MI power to U the Gorpaadon by their signature and exeCutlOp of any such instruments and to allach thereto the sent of the Corporation When so execi such Instruments shall be as binding as If Signed by the Pfesidem end alle tfud W by the Secretary. Any power of authority granted to any rW69en63hye or Aftaney-bfad under the - provisions of [his emelemay be rafted at arty giroby the Board, the Chainnon,rho PfedBnl or by file officer or officers granting much power or aulh nty. ARTICLE AII-Eltaelitl9g etGOREaIde: SedbnB Surely Bunds and lhaeriallog S. -Any officer of the Comparry authorised for that purpose In writing by the chairmag Of the president, and subject to such Ilrri at ons as the chairman or the president may praslribe, -shws appoint Such seemsyNin,fad, as may be rrecoeeary to ad In behalf of1he company to make, timule, 3E51,.adglVMadge nod delami as surely any and all undedalul09, bonds, remgnlzances and otharsurety obilgation% Such adomoyslo-facl subject to ere limitations act forth In their respegive powers of aganay, shall have hrlt ppwer to bed the company by their signature and execution of any such inslrumeats and to dash theirelo the seal ofiho Compa i When so executed such Instruments Shall boas bindirm ser if signedby the president and shoaled by the Somali Cordkate of Dosignrgon-Tho President of the Company, acting pumuanl retire Bylaws of rhe Company, authorizes David M. Carey, Assistant Secretary to appoint such memoyalm - cholas maybenecessary to act on bunch of the Compaq to-make,exearre, seal, acknowledge and deliver as surety any and all uncenakings, bonds, rocognlzano ss and other surety rbsgalions. Awflenl allon -By unanimous consent orlhe Companys Bond of Diracfore, the company comments that oxisimile or mechonma0y reproduced erasers crafty assistant seoretad,of the Company, wharovor oppoadrg upon n aenlUed copy of any pourer of aRomoy famed by Ro company M connection Wan surety bonds, ahallbe vend and bifift twon the corrlpany w1m the same remand effect as though manually crazed. t, Renee C. Llewellyn the undemignec( AsslsMN Secretary, The C rd Casualty insurance Company, Liberty Mutual Insurance Compares^, and West American I ceramics Company do hereby ceNfy that the original power of attorney Or which dal foregoing Is a m0. two add carred copy of the Pow of Attorney MedaedbysaldCampsntes, is In full force and4gecl and has not been revoked. ' IN TESTIMONY WHEREOF, I have hereunto set my hendandaffixed the seats of sold Companies this 1 Stb day of Getchar 2024 . 0(00 1NeU,¢ct���Py���on 1991t' rne� *ahH�'� By: Ron'hae.9tI—we11Yn,Ae mmntsecrsei�tary "—` LMS -12573 LMIO ODIC WAIGle it Go 0121 •. !11 1 .l a er ■ i 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 Riverside On 18th October 2024 before me, K.A. Eby, Notary Public 1 vu w.n nunre eld Wx.till. Miami personally appeared Ashley N. Baker, Attorney -in -Fact , who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/am subscribed to the within instrument and acknowledged to me that 'he/she/they executed the same in hic4herAhetr authorized capacity(ies), and that by tris/herFther signatures} on the instrument the person(*, or the entity upon behalf of which the person(*acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DESCRIPTION OF THE ATTACHED DOCUMENT Oele dcmlption of atlacl dfixinntnar tTitla fr dF(fdrANn nl ada:lead nxilmr+nl flllilinl Iw'() %umber at Page;_ Document Date_.____ CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) LJ Corporate Officer n f1 n (Title) Partner(s) Attorney -in -Fact Trustee(s) Othel K. ti E9Y COMM. 1112411111137 Ouhrc-Ce1Ran5u 1161D2nAVN7Y cur.,+. s.p to enact W) INS I IiI JC I IONS fOR COP011,F'HNG 1I US POlitvl 11,1ajo ..I'llor'll" n ), rarrcrr. Cuo/atria amln2s regVrdln_g noiari warding and, r..'•rd''d .,l„nd.l hr nrp'han/rn.d uu r'Lrvler Ovdm'n. r•rq dr6nnudnlKrnrrm p;nnne�.'xr;nnr mal'A.:n^rplrw.l/rrdunnnonrs Ferre ton to It star. ao/ultg ua the 5ur,ling Jou riot rc,Pd . /he t .41/....1.'na-a 6, , W1.l' I Wif„'rru "..I-' hm, I Stale and Couny Intornlalilin lulu) Ila lite Slnle 01111 CauNy \vllnc ib. (Ilxlnncnl clgncr(,a) porwnAIy Jppnarcd Moan dw uouly pubo, rm achnmdodgnwni. • I late of nnl:nnabnn mnsl ho the dull, Ihm the wynerlxl pemnnally appeared wLlcp nmft ahv by do reriradale Ilw,wtawlelednnuan h,.... N. - 11. l", nufail —W mins hi:,'r hm r it „pn," wumus;iln5lStlm\'ed b}• acomma and then your d[ie finnarypublicl. • Nm the I'll prxun:dly api.al— 1 tlx: 11111. nt nolariznion. • IIAMc till Ll..It siugidnl VI plural four. Ip cl eine uH incunwl /arnlr hahhe4k�aOra)oretreWgth; eorredfunu. Falum to<omclpmdicafe this infumrdiu11 HIM hsnl Ia Wil:clinn of 111 lVIIIII111=1 ITIHOC. • The nutun actin inlptenvial uuxi be dear .011 phualglaphindl} rcpmduci6lu. imprc ion mua nui coca ICV nr fins. 11 seal impnuinn smulk, , re-xcd if a .511tI1dwt ll'F5 Kr11Lt5. JIllY151'ISr' rowpktY 11 (ntic1Yn1114a1 W{YI4dp,111\lir flllll. 1lipr..rlw of We n t... Puhll, .runt nine. the eivnatu...... fill uath it., inti. ct the tumlp flak Additional intonnat)oa h not ro%ubed but <aldd hole to oloura tljs .xkn+n59r dVmcnl Ix ,ld mixlived m' alWcheA In a dillr:rcnt d+x:mneni. • Indusnc Illicm 1S, ul alhn'Iu:d dreanrelQ mvnlrar 111 pancx and toile. h Induate It. <apa<ih' claimA 6, We nipm'r. If fh: Ainrad <apaeih• i., a [Mporatc otticrr• heiicvc me title (i c Crn. CK{, tiiurdarv) • ht,111VIfd114VIl aniallmitIVIIl IV 1114 Jlglltd dVYIn11NII mill a'Adift BIDDER: R DEPENDABLE CONST 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 l 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 - 11 :.. 2.11 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: YTI Enterprises, Inc. TOILET PARTITIONS & ACCESORIES Address: 1260 S. State College Pkwy Anaheim, CA 92806 License No.: 830286 Department of Industrial Relation Registration No. 1000005750 Name and Location Of Subcontractor Name: Address: Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name:_ Address: 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 Name and Location of Subcontractor Name:_ Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No., l� BIDDER:R DEPENDABLE CONST INC 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. PALM SPRINGS USD 150 District Center Drive, Palm Springs, CA 92264 Name and Address of Owner Nathaniel Rodriguez, Cell: 760.534.5559 Name and telephone number of person familiar with project $340 0()t), 00 PSUSD Bid No. 03-23; DAC Office Addition r TENANT I14FROVMENT6 04/08/23 Contract amount Type of Work Date Con 2. Wiseburn USD 201 North Douglas Street, El Segundo, CA 90245 Name and Address of Owner 3. SHEERE BISHOP GRIEGO- 310-218-2507 Name and telephone number of person familiar with project Del Aire Eireentery School IN conversion Project $329,470.78 NEW RESTROOM AUDITION To EXISTING CLASSROOM 8/10/2024 Contract amount Type of Work CITY OF NEWPORT BEACH- PUBLIC WORKS Name and Address of Owner Date Completed 100 Civic Center Dr, Newport Beach, CA 92660 KHALIL OMAR 949-644-3013 , Name and telephone number of person familiar with project Bonita Creek C...ity Center Ia,rcv.ots 9333- $532,897.00 TENANT BNRROVEMNTS 07/25/2024 Contract amount Type of Work Date Completed CBF -13 BIDDER: R DEPENDABLE CONST INC RIALTO UNIFIED SCHOOL DISTRICT 260 S. WILLOW AVE, RIALTO CA 92376 Name and Address of Owner RICARDO G. SALAZAROFFICE 909-873-4326 EXT 2114 - MOBILE 909-644-5702 Name and telephone number of person familiar with project RIALTO USD DISTRICT OFFICE REPAIRS $207,642.00 TENANT Iry ROVE.NTVAENOVATICN/REHODEL 12/15/2023 Contract amount _Type of Work Date Completed CBF - 14 BIDDER: R DEPENDABLE CONST INC SECTION 3 NON-COLLUSIONAFFIDAVIT CBF -15 BIDDER: R DEPENDABLE CONST 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 hue; and, fiu-ther, 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. A Signature ROSEMARY P :LA Typed or Printed Name PRESIDENT Title R DEPENDABLE CONST INC Bidder Subscribed and sworn before me This 23 , day of OCTOBER 2024 (Seal) Uta rc 1 d for 1 tate of California My Commission Expires: Jul 26-Z& CBF -16 JURAT 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 ,�391t '&enat�1f n Subscribed andswornto (or affirmed) before me on thisv�3Y°f day of OC46be Ir 20 by f'YI j2j proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ABIGAIL GARCIANotary public - California San Bernardino County Ohl Commission#24215)3 y Comm, Expires Oct 15, 2026 + (Baal) ,i�mwes OPTIONAL INFORMATION INSTRUCTIONS The wosding of all Jumis completed in Calfomia a#erJanuary 1; 2015 mustbe In the loon ' as set froth wigrin this Juret Them am no exceplions. Its Jumt to be completed does not Wow INS form, ma notary mutt co fedthe vadilage by using a jumf stamp donwiling the i oc" d wb*W a affecting a separate jurat krm such as this one w#h does archin the proper wording. In addict , gra notary mud require an on#r or afteliort from Ore o DESCRIPTION OF THE ATTACHED DOCUMENT document sowr regarding the fidhtutness of the contents of the docummdt The document mudeibe s Itnoned AFTERlirea ntatypmAcclunaffon. If ihedjundprlwaspreviousy ��( ri � Gpr'1 //,� /y r�� -signed, it must be msignedln /rent ofg�e notarypubecdudng fheiumtprocess. k)6 �� �__d( (Tlgeordesodpgonofakacheddocument) _ ' State and county information must he the stela and county where the . — document signers) personally appeared before the notary public., (Tifleordescdpgonofattached document continued) . pate of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed. Number of Pages Document Date • print the name(s) of the document signer(s) who personally appear at the time of notarization. _ o Signature of lire notary public must match the signature on file with the Additional information - office of the c6unty clerk. • The notary seal impression must be clear and photographically . reproducible. Impression must not cover text or lines. If seat Impression smudges, re-seal if a sufficient area permits, otherwise complete a differentjuratfomr. G Additional information Is not required but could help to ensure this Jurat is not misused or attached to a different document. 4• Indicate title or type of attached document, number of pages and date. ' + Securely attach this document to the signed document with a, staple. 2015 Version v, ww.NotaryCiasses.com 800-813-9866 ' CITY OF ROSEMEAD ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 SECTION I -BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER:C4F&V, e014 04ctt*.� 4 P&*--u/An[1,V r�G REISSUED BASE BID SCHEDULE, PER ADDENDUM #2 SCHEDULE OF PRICES FOR ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Temporary Restroom Facilities - work shall include rental of two portable restrooms and two hand washing ��� ��� r 1 stations. The contractor shall ensure that 1 LS $ $ the portable restrooms and hand washing stations are regularly maintained (cleaned and stocked) throughout the construction duration. Site Work: Demolition- Removal and disposal of toilet partitions, Interior fixtures, walls, curbs, plumbing, pavement $ 25�CX� $ ?✓ 5i� 2 (includes sawcut slab on grade, tile 1 LS (mortar base), electrical, incidentals per tans ands ecifications 3 Concrete Foundation/ Slab: Construct new slab and level floors as necessary, 1 LS $ o t( , $ 30i, X'U incidentals per plans andspecifications Interior Walls: Metal Stud framing — 6" @ 16" Add Blocking/sheathing SGY10 4 OC. to chase 1 LS $t $ i 5 a� wall. Gypsum board to walls/ceilings. Incidentals per plans andspecifications 5 Roofing: Patch & Repair Roofing 1 LS $ 4 UW J $ 4 Ott 6 Caulk and Sealants 1 LS Doors/Frames/Hardware: Metal gate, Exterior lever hardware, hold open 1 LS $ �2VOW $ t2 t Uoo T latches, kick plates, incidentals per plans andspecifications 8 Ceramic Tile — Base 1 LS $�_ $ 9 Epoxy Flooring 1 LS $ ty $ I S t_� Paint/Wall Covering: Power wash interior walls, paint to interior walls & ceiling. FRP t 4t,066 I t 10 Wall Paneling, skim coat on CMU Walls, 1 LS $ $ r Graffiti Resistance Coating, incidentals per plans andspecifications Toilet Accessories: Toilet partitions — 11 ADA- solid plastic, Toilet Partitions — Solid 1 LS $ Plastic, Urinal Partitions — Solid Plastic, Grab bars, Toilet Paper Dispensers — CBF -2 BIDDER:QLAA& rAW<Y AcAA. + DawaaW61*.r• � NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Vandal Resistant, Seat Cover Dispensers — Vandal Resistant, Soap Dispensers — Vandal Resistant, Mirrors with Graffiti Protection Film, Electric Hand Dryers, incidentals per plans and specifications Misc. Specialties: Door signage, ADA �� ro ' 12 Striping at Parking Lot, incidentals per 1 LS $J0_ plans and specifications Plumbing: Water Closets, add Water Closet, Lavatodes, Urinals, Trap Primers with access panels, Water Hammer Arrestors, Sewer Lateral Replacement, '(O 1000 r $ 010 r �� 13 Flush and Inspect to street, Floor Drains, 1 LS $ Rough in @ fixtures, Rough in to fixtures at new locations, incidentals per plans and specifications HVAC: Exhaust Fans, Roof Penetrations g 0.X ' g �� — 14 and Flashings, G. 1. Duct Work —Round, 1 LS $ $ incidentals per plans andspecifications Electrical Systems: Lighting: (1x4) Surf Mt — Vandal Resistant — Integ OCC Sensors 15 — 43 W LED, Exit Sign/Bud Eye Combo w/ 1 LS $ CA °c'� _ $ Ci' 00C) batt. Backup -5W LED, Occupancy Sensors, incidentals per plans and s ecifications Electrical Systems: Power: J -Boxes, ��WO/ 16 Motor Connections, Conduit and Wire, 1LS $ $ incidentals per plans and specifications TOTAL BASE BID AMOUNT IN NUMBERS $_2 a89' TOTAL BASE BID AMOUNT IIN WORDS: T �^t�"� E�L 9Vfy C t toG %iLNE (-{v^400-00 f Cvt�j-y— `�,I� 9cfu A&S ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER 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-176 Part "D" Appendix Appendix A Project Plans CBF -3 BIDDER:MAAf, WATULcya-bt 0wrZo vrl0ir (MJri Appendix B — Project Cut Sheets and Project Manual 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 Rosemead Park Restroom Renovation Adjacent to Aquatic Center, Project No. 41026. 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 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. E'V -ccCirK Mko�s� t4tty Ik-t.HO^Q t4aut' Cc �� A `lO(cao •p Attached hereto is a c�k, a cashiers-�eheek ora id bond ' the amount of Dollars ($ 22,4t9 £3• Gy ) said amount emg not less than ten percent (101/4) 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) ... lt. ,r , 1 11 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 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 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: G.CJLz-, SaTD ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. Addendum Addendum Dated t Dl5 2H Dated JQ i VA Dated Addendum No. Dated CBF -5 t. �.�� , n 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 -V 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 ✓ If the answer is yes, explain the circumstances in the following space. t 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. C -Um By: Signature Rom CIOTD Type or Print Name 'P(zks�o�n!T Title BIDDER: UP40 N0(r*&f1VJ tocvvwntwur twti 52(( o. (iukSt Alm ocyo , 2-11-' Business Street Address eam( cz} 90040 City, State and Zip Code 51ay 7&2-- lo(o3L Telephone Number Bidder's/Contractor's State of Incorporation: Cf("VV1 N(A Partners or Joint Venturers: Bidder's License Number(s) Department Industrial Relations Registered No. 00001 q 7Jf NOTES: I ) 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 furl names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder willbe required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -8 SECTION 2 BID DATA FORMS M. BID BOND NO. 11-791-064 BIDDER: Corral Construction & Development. 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 TI [ESE PRESENTS: THAT Corral Construction & Development, Inc. as Principal, and American Contractors Indemnity Company 1 ------------------------------------------- , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of TEN PERCENT OF THE AMOUNT BID IN -----------------------------------------------------------------DOLLARS ( 10% ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated October 23, 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 23'a day of October 20 24 . Corral Construction & Development, Inc. (SEAL) Principal By: 5 By`. Si n lure CBF -10 American Contractors Indemnity Company _(SEAL) Surety Blake A. Pfister, Attorney -in -Fact CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 51189 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 1 County of Orange j on October 17, 2024 before me, L. Nahina Pfister, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A Pfister Name(s) ofSlgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. L. Notary PublA PFI8TER Notary Public • California ISTER a Orange County Commission M 2479516 My Comm. Expires Jan. 13, 2824 place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /n' " (71Sig re of o blit 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 11-791-064 Document Date: October 23, 2024 Number ofPages: 1 Signer(s) Other Than Named Above: N/A, None Capacity(les) Claimed by Signer(s) Signer's Name: Blake A Pfister O Corporate Officer — Title(s): D Partner — D Limited D General D Individual a Attorney in Fact D Trustee o Guardian or Conservator o Other: 02019 National Notary Association Signer's Name: ----- D Corporate Officer — Title(s): D Partner— D Limited o General D Individual D Attorney In Fact D Trustee D Guardian or Conservator D Other: Signer is Representing: TOKI O MARi N E HCC POWER OF ATTORNEY' AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and. U.S. 5peelaity Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Blake A. Pfister of Mission Viejo, California itstrue and lawful Attorney(Is)-in-fact, each to their separate capacity ifmorethan one is'named above, with .full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds,reeognizances, undertakings or other instruments or contracts of suretyship to Include riders, amendments, and consents of surety, providing the bond penalty does not. exceed ""'Five Million '•'" Dollars ('$5 000 000.00•" )... This Power of Attorney shall expire without further action on January 31'+2028. This Power of Attorney is granted' under and by authority of the following resolutions adopted by the Boards. of Directors of the Companies: - ._ _deiit�any 4;ce-PrzdiSs,sr,-nny-Assi�ia.;y�^i;%•mr^r-9n'r?e�lutaad'oa^...:.1'-r 11-hzad=dex ^_—;--- --.... vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Affomey-rn-Fact may be given full. power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or Indemnity and other conditional or obligatory undertakings, Including any and all consents for the release of retained percentages and/or final estimates on engineering and donstniction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as ifslgned by the President and sealed and. effected by the Corporate Secretary. Beit Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey of any certificate relating, thereto. by.facsimile, and any power ofattomey or certificate:bearing facsimile signature or facsimile: seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ' IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this llt day of F„,na�ruary 2024 '. `.%Qncrogq Otje�Ne °Es SURA ��tnsurax AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS rf s °c BONDING COMPANY, UNITED STATES SURETY COMPANY, U.S. SPECIALTY INSURANCE COMPANY r3 J} o allr 1 s ...... r=. ',.,_ .._ ...• Daniel P. Aguilar, Vice President J State ofCalifornia County of Los Angeles On this tat day of February2024; before me D. Littlefield, anotary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors IndemnityCompany,, Texas Bonding Company;` United States Surety Company and U.S. Specialty Insurance.:. Company who proved to me on the basis of satisfactory eviderw to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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 offs I seal. Iv. urncmrn Signature ^`p( (seal) arta «i76 I, Kio Lo, Assistant Secretary of American. Contractors Indemnity Company,. Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the BoardsofDirectors, set out in the Power of Attorney are in full force and effect. Iq� Nitrtctess Whereof, I neve herreunto set my hand and affi2xeDd2the seals of said Companies at Los Angeles, California this r day of OC tw'•+wg. aONo'xe0 eie°'u?Fl s��v ",ee+c,. Bond No. 11-791-064 Agency No. Kio Lo, ant ry 3074 vxrn � x rs of DIY i y( li; � � e �11GCSA1)WPOA02/Te]4 m"Vm fo visit tmhcc corri)sturety for more inrmation 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 Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF - 11 BIDDER: twisrr con>✓snw"Uar r 6M!C VA4W wz- 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work of Subcontractor to be Subcontracted-?AM1100S Name: j'IkWNtS MIMSOM r 086IAW6C Mfi Address: 7-117- jLtcar rA*e cnr*oi:ag I -jA Rtooi LicenseNo.: wk3a'iti Department of Industrial Relation Registration No. to 0000 011b t Name and Location of Subcontractor Name: Address: License No.: Department of Industrial Rel. Name and Location of Subcontractor Address:_ License No.: _ Department of Name and Location of Subcontractor Address:_ License No.: Relation Department of Industrial Relation Name and Location of Subcontractor License No.: _ Department of Relation M CBF -12 Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted BIDDER: cff"4. uWc7$W-4/n? + ra4v0'*64*"4r- 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: Name and Address of Owner IN i( Mkv to 001LP) BSS - 1511 It, Myi 0 a7 iapu_e.Ak o Name and telephone number of person familiar with project $ 3W-jt�s0000 ryoom V'gMOPE51'-A20(n&A ao28 Contract amount Type of Work Date Completed 7 ()g4tjoe, C&Nr� PIRG AUTVfolurY I tld(Nt ICA 1'-601. Name and Address of Owner CrRL46 5ATY ICGn hIL6 513 -45°13 TVA icSa^^nntrw'a7 oc(AA Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. C1T1 !( 6L- S66uwmo 34D MAIM fi G& S45UN00 16!1 g02 -4.S Name and Address of Owner R1R ntc 80 to 52-4.23by &, -Iu �&Is •� Name and telephone num er of person familiar with proje 115DI000 �1 9t"o»CU ?A Z?- Contract 2Contract amount Type of Work Date Completed CBF - 13 3 and Address Name and telephone number of person familiar with project Contract amount Type of CBF -14 Date SECTION 3 NON-COLL USION A FFIDA VIT CBF -15 BIDDER: 4444t- u.OrrAuuZW J M21=000"f itis 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. Signature Vet -E-6 Sa)-p Typed or Printed Name P4,6;1VI Wr Title i?MLrc c4«KiILAni4J r oG 1oPrNGwr GNU Bidder Subscribed and sworn before me This 29 day of Ocoblay 20_24 Notary Public in &dd fo the State of California My Commission Expires: �5 202to CBF -16 (Seal) *,,,1*1RI.,N�ANN56TOMMg2390883LosAngelesCountyifon(,NotaryPublmmxp Jan. 15, 20285 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 �� ithg8tes t On OCtOb6Y 23, 7. before me, 66000 kyla Sato 1 N OratM M01 t c (insert name and title of t e officer) personally appeared rtCe Ulu who proved to me on the basis of satisfactory evidence to be the personjs) whose name(d) is/are subscribed to the within instrument and acknowledged to me that 4e/she/ti4ey executed the same in his/her/titer authorized capacity(ies), and that by Gid/hedth6ir signaturew 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. SABRINA AN SOTOi tuttu COMM 0 2390883 z WITNESS my hand and official seal. s Los Angelas County I_ 1 'Caiiforn la Notary Pu66j ` Comm Exp Jan. 15, 2A26: 5.... . n.. . 2 Signature (Seal) Global Builders Inc CITY OF ROSEMEAD ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 MM Global Builders Inc REISSUED BASE BID SCHEDULE, PER ADDENDUM #2 SCHEDULE OF PRICES FOR ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 CBF -2 EST. UNIT ITEM NO. ITEM DESCRIPTION QTY. UNIT PRICE COST Temporary Restroom Facilities - work shall include rental of two portable restrooms and two hand washing 1 stations. The contractor shall ensure that 1 LS $ 25,200 $ 25,200 the portable restrooms and hand washing stations are regularly maintained (cleaned and stocked) throughout the construction duration. Site Work: Demolition- Removal and disposal of toilet partitions, Interior 2 fixtures, walls, curbs, plumbing, pavement 1 LS $ 32,800 $__N,810 (includes sawcut slab on grade, tile (mortar base), electrical, incidentals per tans and specifications Concrete Foundation/ Slab: Construct 12,300 12,300 3 new slab and level floors as necessary, 1 LS $ $ incidentals er lans and specifications Interior Walls: Metal Stud framing — 6" @ 4 16" OC. Add Blocking/sheathing to chase 1 LS $ 23,588$ 23,588 wall. Gypsum board to walls/ceilings. Incidentals per plans and specifications 5 Roofing: Patch & Repair Roofing 1 LS $ 5,800 $ 5 800 6 Caulk and Sealants 1 LS $_3,800 $ 3,800 Doors/Frames/Hardware: Metal gate, 7 Exterior lever hardware, hold open 1 LS $_L2,800 $ 12,800 latches, kick plates, incidentals per plans ands ecifications 8 Ceramic Tile —Base 1 LS $32,000 $ 32 000 9 Epoxy Flooring 1 LS $ 6.300 $ 6 300 Paint/Wall Covering: Powerwash interior walls, paint to interior walls & ceiling. FRP 10 Wall Paneling, skim coat on CMU Walls, 1 LS $18,300 $_18 ,300 Graffiti Resistance Coating, incidentals per plans andspecifications Toilet Accessories: Toilet partitions — 11 ADA- solid plastic, Toilet Partitions — Solid 1 LS $ 54,000 $ 54,000 Plastic, Urinal Partitions — Solid Plastic, Grab bars, Toilet Paper Dispensers — CBF -2 BIDDER: Global Builders Inc NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST Vandal Resistant, Seat Cover Dispensers – Vandal Resistant, Soap Dispensers – Vandal Resistant, Mirrors with Graffiti Protection Film, Electric Hand Dryers, incidentals per plans and specifications Misc. Specialties: Door signage, ADA 5,300 5,300 12 Striping at Parking Lot, incidentals per 1 LS $ $ plans and specifications Plumbing: Water Closets, add Water Closet, Lavatories, Urinals, Trap Primers with access panels, Water Hammer 13 Arrestors, Sewer Lateral Replacement, 1 LS $_22,300 $ 32,300 Flush and Inspect to street, Floor Drains, Rough in @ fixtures, Rough in to fixtures at new locations, incidentals per plans and specifications HVAC: Exhaust Fans, Roof Penetrations 8,300 8,300 14 and Flashings, G. 1. Duct Work— Round, 1 LS $ $ incidentals per plans andspecifications Electrical Systems: Lighting: (1x4) Surf Mt — Vandal Resistant — Integ OCC Sensors 15 — 43 W LED, Exit Sign/Bud Eye Combo w/ 1 LS $__.22,300 $ 22,300 batt. Backup — 5W LED, Occupancy Sensors, incidentals per plans and specifications Electrical Systems: Power: J -Boxes, 16 Motor Connections, Conduit and Wire, 1 LS $3-11-00 $ 1800 incidentals per plans and specifications TOTAL BASE BID AMOUNT IN NUMBERS $ 298,888 TOTAL BASE BID AMOUNT IN WORDS: Two Hundred Ninety Eight Thousand Eight Hundred & eighty Eight ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER 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 -176 Part "D" Appendix Appendix A — Project Plans CBF -3 BIDDER: Global Builders Inc Appendix B — Project Cut Sheets and Project Manual 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 Rosemead Park Restroom Renovation Adjacent to Aquatic Center, Project No. 41026. 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 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 Dollars ($ 29 888.8 ) 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 Bidder's California contractor's license(s) in good standing; (2) CBF -4 BIDDER: Global Builders Inc 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) ver calendar day ifyroiect 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 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: Walid A Timory Date of Inspection: October 10 ,2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. Addendum Addendum No Addendum Dated Oct 15,2024 Dated Oct16,2024 Dated Dated CBF -5 BIDDER: Global Builders Inc PUBLIC CONTRACT CODE STATEMENT AND QUESTIONAIRE PUBLIC CONTRACT CODE SECTION 10265.1 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 notv_ 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 V-10 If the answer is yes, explain the circumstances in the following space. CBF -6 BIDDER: Global Builders 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 -7 By: Signa Walid A Timory Type or Print Name CEO Global Builders Inc BIDDER: 23276 S Pointe drive , suite #206 Business Street Address Laguna Hills , CA 92653 City, State and Zip Code 323 321 7373 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): 1045058 Department Industrial Relations 1000876840 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 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. W -TAM Global Builders, Inc. SECTION2 BID DATA FORMS Co7T27 BIDDER: Global Builders 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 Global Builders Inc. as Principal, -and Surety and Indemnity Company as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Total Bid Amount ($ loeoi of Total BidAm°°nt ), 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 ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT —as set forth in the Notice hiviting Bids and accompanying Bid Documents, dated October 23, 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 16th day of October 20 24 Global Builders Inc. (SEAL) Developers Surety and Indemnity Company (SEAL) Principal Surety I By: By: o Signature dAhmad Timory-President Signature Km.p cc ttorney-in-Fact CBF -10 CLEAR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 Si�'t.�'�d�u u.Cs:C<.<•,<'r<=.n.i,-"S'siCGff.!-ss::.:d':C^+S'+..-.'"i.s"�T' ,•.+F-NC,kin1'^€l^.C.t�':�'i'�S�Ci'Y'a'.C,d:S'�SE�'.rrrv`M.ef�i^d 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 10/16/2024 before me, Jessica Tinoco Garcia, Notary Public Date Here insert Name and Title of the Officer Personally appeared Kevin P. Reed who proved to me on the basis of satisfactory the within instrument aplikaEknowledged to rr the Name(s) of Signer(s) be the person() whose nam's/ re subscribed to e/they executed th s e in is er/theirauthorizei itrumenttheperson( , orthe entity upon behalf of 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._ JEGARCIA Notary Public - California n 5 Orange County Si rangnature < Commission n tl 2400291 My Comm. Expires Apr 10. 2026 - Signature of Notary Public Place Notary Seal Above -----....---------- OPTIONAL ------ ------------------- ----- —.------ _---------- _-_—'---- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of thtsform to an unintended document. Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) OtherThan Named Above Capacity(ies) Claimed by Signers) Signer's Name © Corporate officer—Title(s) Partner 0 Limited © General © Individual [3Attorney in Fact © Trustee © Guardian or Conservator Other Signer Is Representing Signer's Name Corporate Officer—Titles) 0 Partner © Limited nGeneral []Individual 0Attorney in Fact ©Trustee QGuardian or Conservator © Other Signer Is Representing is.r"Cir.:*<r.{YdYd 02014 National NotaryAssociation www.NationalNotary.org 1-800-USNOTARY (1900876-6927)item#5907 POWER OF,ATTORNGY FOR COREPOLYFE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNI'T'Y COMPANY 59 Maiden Linc, 43rd Floor, New• York, NY 10038 (212)20-7120 KNOW ALL BY1']JESE PRESENTS Una, except as expressly limited hcrcin. COREPOINfE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint Jessica T. Garcia, Kevin P. Reed, and Aaron Posbura , of Santa Ana, CA as its true and lawful Attorney -in -Fact, to make, execute, deliver and acknowledge, for and on behalfof said mmpantes, as straits, hands, undertakings and contracts orsurelyship giving and grating unto said Attomey-in-Fact full power and authority to do mid to perform every act necessary. requisite or proper it, he done in eaneetion Therewith as each of said company could do, but reserving to each of sed company full power of sobstiunion ad revocation, and all of tho acts of said Attomey-in-Fact, pursuant to these presents, aro lenity ratified and contirnwd This Power of Attorney is ctibetive July 7.2023 _ and shall expire on December 31, 2025. This Power ofAttonicy is granted and is signed under and by authority of the following resolutionsadopted by the Board of DirectorsofCOREPOINTE INSURANCE COMPANY and DEVELOPERS SURITTY AND INDr.mk,Y COMPANY (collectively. "Company') on February 10. 2023. RESOLVED, that ;mr, Za7a, President. Surety Underwriting. JIDIIc% BCII Vlcl_ Pre4 dent. Sure 1dert iii La, and Cella Dawson. Executive llndenwilu Sure tach an cmploymofAmTrusl North America, hoe_allaml ateofthe Compmty(the"Authorized Signors'), arehereby authorized to executes Power of Attorney, qualifying attoutcy(s)-in-fact named in the Power of Attorney to exec(rte, on behalf of the Company, bonds, undennicings ad col lds nr suretyship, or otter suretyship nlshamnnrs; mrd that the Secretely or any Assismnl Secretary of the Company be, ad each of[hrn1 hereby is, authorized to attest the execution orally such Pover ofAttor ey. RESOLVED, that the signature ofany one of the Authorized Signorsandthe Smrelaryorany As mtanSewrctaryofthe Company,and theseal ofthe Compmty must be affixed to amy such Power of Attorney, and tiny such signature or seat may be affixed by facsimile, mid such Power of Attorney shall be %slid and binding upon the Company when so utfixcd mid in the futurewith tespect io any bond, nndenakina or contmet of suretyship to which itis attached. IN WITNESS WHEREOF, COREPOIN'D? INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNUY COMPANY have c:nimd Hese presents «+be signed Ary rhe Authorized Si@ttrand attested by their Secretary or Assisaml Secretary this March 27. 2023 ""4144ryrar � 00,4111/Irre1r d� �C�$Ul��r� �� ��a`,tom( ANDBy 0. //i/ 4•� Primed Nnt�t1'T'_S'ain Z.v'at �,••OO� gT• n,� y•�G TFO 'G �. -- — ° . JEAL o ui 17 � 'rule President Sorely Undenvriti is —.T W ; ? W : • < J••'OFLAW��'•• 0 ••c'IZJPORCA,p';dbO�a ACKNOWLEDGEMENT: �� Pa� •:.'7�p ••. ••NAS �a ararr11 a111*111/Ne,aa raarr111i1*j 1INe`�aa 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. SDATEOF Califomia COUNTY OF Orange On this 21-- day of March , 2023 , before me. Hoang-Ouven Plot Pham personally appeared Sam 2.arn who proved tome on the basis of satmiirelory evidence to be the person whose name is subscribed tnwithin the Instrument and acknowledged tome that they executed the sante in their author ized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. I certity, under penalty of perjurv, older the Ions of (he State of California that the fore@ring paragraph is True and correct WITNESS my hand and official seri. e» NOANG-QUYEN P. PHW Notary Public - California �() ���� Orange County Signatuc _ CYA'r ""' - =�V � Commission R 7432970 My Comm. Elmlres OK 31, 2024 CORPORATE CL'. a)FICATION 'nie undersigned, the Secretary or Assistant Secretary of COREPOIN'tni INSURANCE COMPANY and DEVELOPERS SURM Y AND INDEMNITY COMPANY, docs hereby certify that tilt provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Poser of Attomey are in force as of the data of this Certification. This Certification is executed in the City of Cleveland, Ohio, this March 19, 2021 0ocual6ned ay: B:v -_ Barry W. Moses. Assistant Secretary' POANo, NIA 696415 TAUE546e... DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1E456E653OF Ed. 0323 Signed and sealed this 16th day of October 2024 CLEAR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 a.,tix�. ri1:�-�"<'M'-•^tv,�..[s^��a:.S�Nsaa-c�oird-n ,A v:e�r+rs.�� r n-.eh�rE.'S.Lr�yysn.,Ma4nrrr:r3`Sd`.+3 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 \ 011 bf before me, Jessica Tinoco Garcia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Walid Ahmad Timory Name(s) of Signer(s) who proved to me on the basis of satisfactory ZhRe be the person(rVwhose name is/ re subscribed to the within iryatrument and cknowledged to mhe/they executed the sam in i er/their authorized capacity(i ),andthatby is her/theirsignaturnstrumenttheperson)1heentityuponbehalfof which the person(Victed, executed the instrument. «.• _•. JESSICATINOCO GARCIA Notary public California Orange County Commission t 2x00291 My Comm. Expires Apr 10, 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -owy Signature of Notary Public ------------------------•------------------ OPTIONAL- -------------------- ------------ -------------------------- -- Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of thisform to an unintended document. Description of Attached Document Title or Type of Document Document Date NumberofPages Signer(s) OtherThan Named Above Capacity(les) Claimed bySigner(s) Signer's Name ® Corporate officer—Tltle(s) Partner ® Limited [] General [] Individual Q Attorney in Fact []Trustee ❑ Guardian or Conservator © Other Signer Is Representing Signer's Name Corporate Officer—Titles) Partner [] Limited []General ©Individual ®Attorney in Fact []Trustee [] Guardian orConservator DOther Signer Is Representing �^s=t2Sz.S.�S.£�'.iu"" ^ ., •• �;rsa:C>�.Ci'd'. - _ t�rrsvice+rmmrxr!n-r�d"C,rewr_v-e ©2014National NotaryAssociation • www.NationalNota!y.org • 1 -800 -US NOTARY (1-800-876-6827) Item#5907 BIDDER: Global Builders, Inc. 2.111 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 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 - 11 BIDDER: Global Builders, 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 Name: Global Builders, Inc. Address: 23276 S Pointe drive Suite# 206 Laguna Hills California 92653 United States License No.: CSLB (California state license board) # 1045058 Department of Industrial Relation Registration No. License Type Number: PW -LR -1000876840 Name and Location of Subcontractor Name: N/A Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration Name and Location of Subcontractor Name:_ Address: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration N 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: Address:_ License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration N CBF -12 BIDDER: Global Builders, Inc. 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: City of Downey Fire Station No.14 Renovations Name and Address of Owner Project Owner / POC: City of Downey / Desi Gutierrez Project Location: 9349 Florence Avenue, Downey, CA 90240 Name and telephone number of person familiar with project (562) 904-7110, DGUTIERR@downeyca.org Contract amount Type of Work Fixing the fire damaged , Date Completed 5/11/2023 $311,351.56 2. CIP NO. 22-9621 —Laguna Beach Police Department Restroom Renovations 505 Forest Ave, Laguna Beach, California 92651 Name and Address of Owner Thomas Perez — Captian Program Manager, tperez@lagunabeachcity.net ,949 497 0711, 949 315 1091 Name and telephone number of person familiar with project $227,028 Restrooms Renovations 12/31/2022 Contract amount Type of Work Date Completed 3. Pico Rivera Senior Center Tenant Improvement Project Name and Address of Owner Project Location: 9200 Mines Ave, Pico Rivera, CA 90660 Project Owner: city of Pico Rivera, Dylan Flores Name and telephone number of person familiar with project dflores@pico-rivera.org , 562-801-4326 Contract amount Type of Work Interior tenant improvements Date Completed 10/26/2024 $457,821.23 for accessible upgrade in existing senior center restroom. CBF -13 Global Builders, Inc. 4. city of cypress CCCPLX 4 the floor Renovation Name and Address of Owner city of cypress CCCPLX 4 the floor Renovation Name and telephone number of person familiar with project Allison Coburn 562 4533 8998 acoburn@cypresscolleg.edu Contract amount Type of Work Reconfiguration of the fourth Date Completed 2/15/2023 $ 98,876.8 floor of the existing cypress college complex building CBF -14 BIDDER: Global Builders, Inc. SECTION 3 NON -COLLUSIONAFFIDAVIT CBF -15 BIDDER: Global Builders, 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. Signature V Walid A Timory Typed or Printed Name CEO I Global Builders Inc Title Global Builders, Inc. Bidder Subscribed and sworn before me This_ day of Oct —'20. 1045058 Notary Public in and for the State of California Expires: v'P'2ase S�� 13 � CBF -16 CLEAR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 ^..>;y-`^dSsfi^sY`�Ccr...�.-:»,nrrr•.-.� Ss�sc ^ rrc,.r�n,rMr H- �_ski:r85,t:CLY2xs`dS^.t'Yxnrrxr;^..rarve-c _ ��.�nnnr� rr.1-.�:a LA 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 i n/( �/ rY � before me, Jessica Tinoco Garcia, Notary Public Dote Here Insert Name and Title of the Officer Personally appeared Walid Ahmad Timory ............. Name(s) of Signer(s) who proved to me on the basis of satisfactory evide ce to be the person{�whose name is/ re subscribed to the within �i�rument and�cknowledged to me th a he/they executed the same in 1 er/theirauthorized capacity{i� 1.andthatby ii1f�s her/theirsignatur on instrumentthepersont )�heentity upon behalf of which the person(Vcted, executed the instrument. JESSICA TINOCO GARCIA Notary Public • California Orange County Commission tl 2400291 My Comm. Expires Apr 10, 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public _----_.---------------- '.... _------------ -- 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 Number of Pages Document Date Signer(s) OtherThan Named Above Capacity(les) Claimed bySigner(s) Signer's Name E] Corporate Officer—Title(s) Q Partner Q Limited 0 General © Individual 0 Attorney in Fact ©Trustee © Guardian orConservator ® Other Signer's Name Q corporate officer—Title(s) © Partner 0 Limited ©General Q Individual ® Attorney in Fact ©Trustee QGuardian orConservator ©Other _..___.. Signer Is Representing Signer Is Representing Indt1cw1ce Y�..35sL:•newe'snr'Cs GY'L^f%:('a:C6r ,w• ..tFem�.tsce ©2014NationaiNotaryAssociation • www.NationalNotarv.ora • 1.800 -US NOTARY (1-800-876-6827) Item#5907 APPENDIX C - 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 F -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. Global Builders Inc Business Name: Date: 10/23/2024 By: Walid A Timory Name aRa Title of Authorized Representative *atureof Authorized Representative Page: APPENDIX F -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 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 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, 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 F -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: Date: Global Builders Inc By: Walid A Timory Name andeffleouthorized Representative Signature orized Representative Page: APPENDIX F -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 c. post -award d. loan For Material Change Only: e. loan guarantee 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: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: 10.a. Name and Address of Lobby Registrant 10.b. Individuals Performing Services (If individual, last time, fust name, MD (including address if different from No. 10) (last time, first name, MI) (attach Continuation Sheet(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; Title: Telephone No.: Date: Authorized for Local Reproduction Standard Form — LLL (Rev. 7-97) Page: APPENDIX F -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 prune 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 F -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 F -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 https //www ecfr gov/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, 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 F -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 F -Certifications for Federal -Aid Contracts.9 G. 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. 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. (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 F -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 "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. 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 F -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, 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 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 F -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 F -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 F -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. Part25. 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 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 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. 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 F -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 et 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 F -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 F -Certifications for Federal -Aid Contracts.17 BIDDER: MLC CONSTRUCTORS, INC. atoll 010 1 W.1111 oil WAN Cry IN 01%11 Ilk to I I ADJACENT TO AQUATIC CENTER PROJECT No. 41026 SECTION 1- BID SCHEDULE CONTRACT BID FORMS CBF -1 BIDDER: MLC CONSTRUCTORS, INC. REISSUED BASE BID SCHEDULE, PER ADDENDUM #2 SCHEDULE OF PRICES FOR ROSEMEAD PARI{ RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Temporary Restroom Facilities -work shall include rental of two portable restrooms and two hand washing 1 stations. The contractor shall ensure that the portable restrooms and hand washing 1 LS $ $ 5, q stations are regularly maintained (cleaned and stocked) throughout the construction duration. Site Work: Demolition- Removal and disposal of toilet partitions, Interior 2 fixtures, walls, curbs, plumbing, pavement (includes sawcut slab on grade, the 1 LS (mortar base), electrical, incidentals per tans andspecifications Concrete Foundation/ Slab: Construct 3 new slab and level floors as necessary, 1 LS $`�1,3sc4 $ 27�3s sc incidentals per plans andspecifications Interior Walls: Metal Stud framing — 6" @ 4 16" OC. Add Blocking/sheathing to chase wall. Gypsum board to walls/ceilings. 1 LS $q ,s t us $ 11,s I �p Incidentals per plans andspecifications 5 Roofing: Patch & Repair Roofing 1 LS $'J L9t@5 $ 3 9ta5 6 Caulk and Sealants 1 LS $1, $1 �-OBo Doors/Frames/Hardware: Metal gate, T Exterior lever hardware, hold open latches, kick plates, incidentals per plans 1 LS $ t4 , �nLl $ M t :),-ILA andspecifications 8 Ceramic Tile — Base 1 LS ti 9 Epoxy Flooring 1 LS Paint/Wall Covering: Power wash interior walls, paint to interior walls & ceiling. FRP 10 Wall Paneling, skim coat on CMU Walls, 1 LS $35,m_a $tet LP -50 Graffiti Resistance Coating, incidentals per plans andspecifications Toilet Accessories: Toilet partitions — 11 ADA- solid plastic, Toilet Partitions — Solid Plastic, Urinal Partitions — Solid Plastic, 1 LS $ 9b2M $ qq4 L _t_% Grab bars, Toilet Pa er Dispensers — CBF -2 BIDDER: kLf, Cc�lZq YtAcfol -' F� p N0. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST Vandal Resistant, Seat Cover Dispensers —Vandal Resistant, Soap Dispensers— Vandal Resistant, Mirrors with Graffiti Protection Film, Electric Hand Dryers, incidentals per plans and specifications Misc. Specialties: Door signage, ADA 12 Striping at Parking Lot, incidentals per 1 LS $_q t 2 - plans and specifications plans Plumbing: Water Closets, add Water Closet, Lavatories, Urinals, Trap Primers with access panels, Water Hammer 13 Arrestors, Sewer Lateral Replacement, 1 LS Flush and Inspect to street, Floor Drains, Rough in @ fixtures, Rough in to fixtures at new locations, incidentals per plans and specifications HVAC: Exhaust Fans, Roof Penetrations 14 and Flashings, G.I. Duct Work — Round, 1 LS $ is r%(00 $ t s t ss torr incidentals per plans and specifications Electrical Systems: Lighting: (1x4) Surf Mt —Vandal Resistant— Integ OCC Sensors 15 — 43 W LED, Exit Sign/Bud Eye Combo w/ 1 LS $ q t 1456 $ 1a1_1 bait. Backup — 5W LED, Occupancy Sensors, incidentals per plans and specifications Electrical Systems: Power: J -Boxes, 16 Motor Connections, Conduit and Wire, 1 LS $ `1 o`33C1 incidentals per plans and specifications TOTAL BASE BID AMOUNT IN NUMBERS $ 363 , t 3 1 acs TOTAL BASE BID AMOUNT IN WORDS:-fy%re �n.,Areji _yh �Pon -l§, , tyyiy'ta Aaltavc ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER 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 -176 Part "D" Appendix Appendix A — Project Plans CBF -3 Appendix B — Project Cut Sheets and Project Manual 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 Rosemead Park Restroom Renovation Adjacent to Aquatic Center, Project No. 41026, 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 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 �p ti�rt �,, n,, �, Dollars ($ w • i . ) 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 assigmnent 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) CBF -4 BIDDER: MLC CONSTRUCTORS, INC. 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 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 ftuther 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: Jonathan Alcaraz Date of Inspection: 10/10/2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No.1 Dated 10/15/2024 Addendum No.`s- Dated 101110120ZL4 Addendum No. Dated Addendum No. Dated CBF - 5 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 -6 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 -7 f By: S$r Lure James McCoy Type or Print Name President 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: Bidder's License Number(s): A, B, C1 0,C20, C36, C51 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. BIDDER: MLC CONSTRUCTORS, INC. SECTION2 BID DATA FORMS 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. 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 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 ADJACENT TO AQUATIC CENTER PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated October 23. 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 October 2024 MLC Constructors, Inc. (SEAL) Markel Insurance Comdany, (SEAL) Princ;gna Surety By: By: a Signature Kass dra Det -eon, Att CBF -10 • _ _ . vL+Pi9�dr7c3SilYr 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 Riverside 7S1 10/16/2024 Date before me, Karina Jasmin Chavez Notary Public , Here Insert Name and Title of the Officer personally appeared James McCoy Name(al of Signer(y) who proved to me on the basis of satisfactory evidence to be the personoo whose nameM is subscribed to the within Instrument and acknowledged to me that he Ael4Hey executed the same in his herAheir- authorized capacity(ip, ), and that by his hefAheiF signatureM on the instrument the personal, or the entity upon behalf of which the personX acted, executed the instrument. KARINAJASMIN CHAVEZ Notary Public - California W _ o Riverside County Commission If 2444064 My Comm. Expires May 10, 2027 + Place Notary Seal and/or Stamp Above 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. Qom"' Signature 4 Signature ofkotary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Altaszhed Document Title or Type of Docume Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner— o Limited O G ral ❑ Individual Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 02018 National Notary Association of Pages: — Title(s): D Partner— ❑ LlTiitPFd ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer Is Representing: s attorney in Fact ❑ Guu ' nor Conservator STATE OF CALIFORNIA DEPARTMENT of INSURANCE N9 07500 SAN FRANCISCO Amended Certificate of Authority TIIIS IS TO CERTIFY TIIAT, Pursuant to the Insurance Code of the State of California, Markel Insurance Company Of Deerfield, Illinois - • - . , organized tinder the laws of Illinois subject toiuArticlesoflncorporationat* other finrdamental organizµtionai doctements, is hereby authorized to transact within the State, subjectto all provisions of this Certificate,thefollowiagclasses ofinsurance: Fire, Marine, Surety, Disability, Plate Glass; Liability, Workers' -Compensation, Common Carrier Liability, Boil.er'and Machinery, Burglary, 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. THIS CERTIFICATE is expressty conditioned upon the7wlder hereof now and hereafter being in fidt compliance with all, and not in violation ofany, of the applicable laws and imvfirl requirements inade wider authority of the laws of the State of Qalifornia as long as such laws or requirements are in effect and applicable, and as such laws and-ieguirementsnow ami or may hereafter be changed or amended. IN WITNESS WHEREOF, effectiveasofihe 16th day of. January . 2002",1 have hereunto set my handand causediny qfficial seal to be glfiised this 16th ,day of _L anuary,.-_ _ 2002 J NOTICE: QuaWl aflon with the Secretory of State must be accompiishe after issuance of this Cerdfieato of Authority. Failure to do so gromtds formyoldsg this Cerdficete of Authority punmant to conditions contsi tied haein. roan j osroo sass' 510028 KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing underthe laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "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 agent(s) and attorney(s)-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 any one 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 can 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 6ih day of February , 2024 SureTec Insurance Company6JnANCP ssx`y3RANC e,� `-70pSdk / r'•c+y ; MO. w 9 SEAL ME By:__ s Michael C. Keimig, President * grrra,r*sWOO State of Texas �,J• "" County of Harris On this sin day of February , 2024 A. D., before me, a Notary Public of the State of Texas, in and forthe 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 Seats 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. M E. MCCLARYblic State 7 Texas By:r Ju i MCClary, Notary Pu611c on # 12947680-�xpires March 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 15th day of October 2024 S T c nsur CO any -- Markel insurance Company By: By: zdm— M. Brent Beaty, Assistant Secretary Andre Marquis, Assista "creta Any Instrument Issued in excess of the penalty stated above Is totally void and without agy,valldity. 610028 For verification of the authority of this Poweryou may call (713RUZ0800 on any business day between 8:30 AM and 5:00 PM CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1186 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 ) OCT 15 2024 On .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 personw whose name(&) is/,are subscribed to the within instrument and acknowledged to me that WsheA hey executed the same in Wher2& authorized capacity{e4, and that by 4!s/herAheWsignatureW on the instrumentthe personK orthe entity upon behalf of which the person(4 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. '`o' C. L. HERNANDEZ Notary Public • California � - 1 Los Angeles County_ { i Commission p 2414374 - .�. y Comm. Expires Sep 27, 2026 SignaturEi; (Seal) C. L. Hernandez, Notary Publi BIDDER: MLC CONSTRUCTORS, INC. 2.11 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 constriction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF - 11 BIDDER: " (> [ tieVYIC° , 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 HIM 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 Address:_ License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: Address: License No.: Description of Work to be Subcontracted 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 -12 BIDDER: MLC CONSTRUCTORS, INC. 2.0 RRTERENCES 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 Compton Community College District i H1 E. Artesia Blvd. Compton, CA 90221 Name and Address of Owner Steve Bachor 909-208-0541 Name and telephone number of person familiar with project $2,498,906 Contract amount of Work 812024 Date Completed 2 Southern California Regional Rail Authority Metrolink Operations Center- 2558 Su Dly Street. Pomona. CA 91767 Name and Address of Owner Arsany Gorgyous 213-305-9425 Name and telephone number of person familiar with project $556,246.00 Tenant/Building Upgrades and improvements 612024 Contract amount Type of Work Date Completed 3.SBMinot California Department of Transportation (Caltrans) 25111 The Old Road, Stevenson Ranch, CA 91381 Name and Address of Owner Wassem Behhet 213.817-0162 Naive and telephone number of person familiar with project 8259.920.00 Building Improvements Contract amount Type of Work CBF -13 112024 llate compterea BIDDER: MLC CONSTRUCTORS, INC. of Mountain View School District 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 slorefont, construct new non bearing wall, replace doors $259,442.00 & provide new door entry at board room, secure 10/2023 enhv al front entrance. Contract amount Type of Work Date Completed CBF -14 BIDDER: MMC. CFiYS ttGJY� �� SECTION 3 NON -COLL USIONAFFIDAVIT CBF -15 BIDDER: MLC CONSTRUCTORS, INC. NON -COLLUSION AFFIDAVIT hi 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, orgarnization, 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, conmmunication, 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. Sign e James McCoy Typed or Printed Name President Title MLC CONSTRUCTORS, INC. Bidder Subscribed and sworn before me This day of 20 (Seal) Notary Public in and for the State of California My Commission Expires: CALIFORNIA JURAT GOVERNMENT CODE 4 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 Rivprsidp f(ARINA JASMIN CHAVEZ j Notary Public -California 'a Riverside County Commission k 2444064 �+E+.o""" My Comm. Expires May 10, 2027 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this 16th day of October 20 24 , by Date Month Year (1) James McCoy (and Names) of Signer(g1 proved to me on the basis of satisfactory evidence to be the person(s) who appeared-oafore me. Signature Si atun otary Public Completing this information can deter alteration of the document or '-fi:audulent reattachment of this form to an unintended docuBlant.� Description of Attached Title or Type of Document: (ReNsedJ Document Date: Number es: Than Named Above: 02018 National Notary Association MW Co nshwetors, Inc. Corporate Resolution of Signing Authority WIEREAS, 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 whatevernature entered into by this Corporation. Name: James McCoy Position/Title: President Telephone Number: 951-393-0781 Email Address: jim@mlcconstructors.com Signature/ The undersigned certifies that he/she is the properly elected and qualified Secretary of the books, records and seal of MLC 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 MLC 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 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 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: Mu, t-DO&l cbs I `-_—D ; . Date: 10).104oz By: i(�Y9l�Ct1C( A - )d� iii Name and Title of Authorized Representative Signat r of Authorized Representative Page: APPENDIX 13 -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 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 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, 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 malting 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: "tc cipsh ! Date: IA 1U )2c-)2LJ By: L a, �_Ar c - Name and Title of Authorized Representative Signatur 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: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial PJA b. to grant b, indtial mvmd b. material change s C. cooperative agreement C. post -award A d. loan For Material Change Only: e. loan guarantee 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 pK ®Submvm•dee Tier . if known Congressional District, if known: 6. Federal Department/Agency: k\/t 8. Federal Action Number, if known: PIA 10.n. Name and Address of Lobby Registrant (If individual, last name, first name, MI) I -A 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 Dom No. 10) (last name, first name, MI) W (attach Continuation Sheet(s) if necessary) it. 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: w, representation of fact upon which reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required Title: °T r 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.: 3ffljDate: subject to a civil penally 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 a INSTRUCTIONS FOR CONIPLETING 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 fust 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 (mown. 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 fill 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) another, 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 S. 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, FirstName 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, Papeilvork Reduction Project (0348-0046), Washington, DC 20503, Page: APPENDIX B -Certifications for Federal -Aid Contracts.? 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 ARRA 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 https //www.ecfr ciov/curi,ent/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, 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. 0 plus Area Firms: CONTRACTOR shall, in accordance with 2 CFR 200.321, take atfirmative s 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 7401-76710.) 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 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 et 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 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. 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 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. 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 at 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 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 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 et 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 et 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 BIDDER: ZUMA CONSTRUCTION GROUP INC. CITY OF ROSEMEAD ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 SECTION 1- BID SCHEDULE CONTRACT BID FORMS rali l BIDDER: ZUMA CONSTRUCTION GROUP INC. REISSUED BASE BID SCHEDULE, PER ADDENDUM #2 SCHEDULE OF PRICES FOR ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Temporary Restroom Facilities - work shall include rental of two portable restrooms and two hand washing stations. The contractor shall ensure that LS $ `How $ \It Q0o 1 the portable restrooms and hand washing 1 stations are regularly maintained (cleaned and stocked) throughout the construction duration. Site Work: Demolition- Removal and disposal of toilet partitions, Interior fixtures, walls, curbs, plumbing, pavement 1 LS $ 4<j 0Q0 /(�Q $ 2 (includes sawcut slab on grade, tile (mortar base), electrical, incidentals per tans and s ecifications 3 Concrete Foundation/ Slab: Construct new slab and level floors as necessary, 1 LS incidentals per plans andspecifications Interior Walls: Metal Stud framing — 6" @ 16" OC. Add Blocking/sheathing to chase 2� GHQa 4 wall. Gypsum board to walls/ceilings. 1 LS $�0 $ / Incidentals per plans andspecifications 5 Roofing: Patch & Repair Roofing 1 LS $�2T_ $� 2 .., O� 6 Caulk and Sealants 1 LS $—ZD� $�OG2� Doors/Frames/Hardware: Metal gate, y Exterior lever hardware, hold open 1 LS r $ I row $ /Q470 latches, kick plates, incidentals per plans andspecifications 8 Ceramic Tile — Base 1 LS $ $� 9 Epoxy Flooring 1 LS t� $ PaintlWall Covering: Power wash interior 10 walls, paint to interior walls & ceiling. FRP Wall Paneling, skim coat on CMU Walls, 1 LS $ l $2_ Graffiti Resistance Coating, incidentals per plans andspecifications Toilet Accessories: Toilet partitions — 11 ADA- solid plastic, Toilet Partitions — Solid 1 LS $3 a4 $_�'�_ Plastic, Urinal Partitions — Solid Plastic, Grab bars, Toilet Paper Dispensers — CBF -2 BIDDER: ZUMA CONSTRUCTION GROUP INC. NO. ITEM DESCRIPTION EST. QTY, UNIT UNIT PRICE ITEM COST Vandal Resistant, Seat Cover Dispensers –Vandal Resistant, Soap Dispensers– Vandal Resistant, Mirrors with Graffiti Protection Film, Electric Hand Dryers, incidentals per plans and specifications 12 Misc. Specialties: Door signage, ADA Striping at Parking Lot, incidentals per 1 LS $_%Qa— $ 76 r�Q plans and specifications Plumbing: Water Closets, add Water Closet, Lavatories, Urinals, Trap Primers with access panels, Water Hammer Arrestors, Sewer Lateral Replacement, 13 1 LS $� $ Flush and Inspect to street, Floor Drains, Rough in @ fixtures, Rough in to fixtures at new locations, incidentals per plans and specifications 14 HVAC: Exhaust Fans, Roof Penetrations and Flashings, G.I. Duct Work – Round, 1 LS $_ e700 $ C incidentals per plans andspecifications Electrical Systems: Lighting: (1x4) Surf Mt 15 – Vandal Resistant – Integ OCC Sensors –43 W LED, Exit Sign/Bud Eye Combo w/ 1 LS $1000 $ �{ batt. Backup – 5W LED, Occupancy Sensors, incidentals per plans and specifications 16 Electrical Systems: Power: J -Boxes, Motor Connections, Conduit and Wire, 1 LS $dQO $Q�f incidentals per plans and specifications TOTAL BASE BID AMOUNT IN NUMBERS $_ 32 i 5'00.00 BID AMOUNT IN WORDS: f e't- aw) ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER 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 -176 Part "D" Appendix Appendix A — Project Plans CBF -3 BIDDER: ZUMA CONSTRUCTION GROUP INC. Appendix B — Project Cut Sheets and Project Manual 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 Rosemead Park Restroom Renovation Adjacent to Aquatic Center, Project No. 41026. 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 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 Dollars ($ ) 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 Bidder's California contractor's license(s) in good standing; (2) �:l ZUMA CONSTRUCTION GROUP INC. 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 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: Amin Parvin 10/10/2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No #1 Dated Oct 15, 2024 Addendum No. #2 Addendum No Dated Oct 16, 2024 Dated Addendum No. Dated CBF -5 BIDDER: ZUMA CONSTRUCTION GROUP 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 —V 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 nor 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 -6 ZUMA CONSTRUCTION GROUP 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 -7 By: Signature Mahyar Raji Type or Print Name CEO, President, CFO ,Secretary Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: 1071624 ZUMA CONSTRUCTION GROUP INC. I"001101"MI 3033 Rikkard Dr,Thousand Oaks, CA 91362 CA Business Street Address City, State and Zip Code 310-848-8156 Telephone Number DIR # PW -LR -1000888324 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. ,I=:] ZUMA CONSTRUCTION GROUP INC. SECTION 2 BID DATA FORMS CBF -9 Bond No. CSBA-28733 BIDDER: Zuma Construction Group, 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. KNOW ALL MEN BY THESE PRESENTS: THAT Zuma Construction Group Inc as Principal, and The Ohio Casualty Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Amount Bid DOLLARS ($10% ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our hens, 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 ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATICCENTER PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated October 23rd 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 17th day of October , 2024 Zuma Construction Group Inc. (SEAL) The Ohio Casualty Insurance Com an (SEAL) Principal Surety X/t By:By: Signature }ktt�Ic,. Nfl '' Signature Frank Morons Attorney -In -Fact CBF -10 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ Orange ) On 10/17/2024 before me, Melissa Ann Vaccaro Notary Public (insert name and title of the officer) personally appeared Frank Morones , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(S) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANN VACCARO WITNESS my hand and official seal.MELISSA COMM.#2401942 n z sqy, .• Notary PubllcCalifornla C u ORANGE COUNTY a My Comm. Expires May 12, 2026 Sig(Seal) Melissa Ann Vaccaro Bond No. CSBA-28733 This Power of Attorney limits the acts of those named herein, and they have no authority to Liberty bind the Company except In the manner and to The extent herein stated, Libert Liberty Mutual Insurance Company Mutual, The Ohio Casualty Insurance Company Ceraficale\b 8209029-969561 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, hat Liberty Mutual insurance Company 6 a condonation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duty organized under the taws of the State of Indiana therein m,ecfit8ly wiled the `Cempamear), pursuant to and by audxYdy, herein set forth, does hereby name, consalum and appmni, Amuu execule; seal, acknowledge and deliver, for and en its behalf as surety aryl as as act and deed, any are all undertakings, bonds, recognizarrns and other surely obligations, in pursuance of these presents and shall be as binding upon me Companies as tt they have been duly signed by the mesdent and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, IMS Power of Attorney bas been subscribed by an authorized otEW or official of the Companies and the corpa2le seals of the Companies have been affixed Itmreto this 21st Bayo( Novcmber 2023 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company 'Ne*[ American lnsuasaCanpany 0(0(9 David M. Carey. Assistant 6xretav S5 COINS 2 i n day of Novembor 2023 beforeMe personally appeazed David M. Carey, who anolowiedged himself to be the Assistant Secretary of Llbaly Mutual Insurance IN WE Company, The Oho Casualty Company, antl West American Insurance Company. and Iha ha, as such, beact authorized solo do, exacule the faego'mg instrument for Ne Pleases c n th2ran contained by signing on behalf of the 4Vryaalicrs by himself az a duly duihpaZEd ohicdr, j ig IN WITNESS WHEREOF, I have tereunlo subscribed my name and affixed my notarial seal at Plymoust Ives Lung, Pennsylvania, on the day and year firs) above written. O NN r ra d0 l a nw a n.,rac E'm y t •• 1 w, r< e�:e:as By. ��Ltaac/ yQC�I� .gym Tease PaSteia, NUI P _ dry Ubkt Q `o This Power of Attorney a made and executed pursuant to and by authority of the foltowthg By-mws ard Aulhorioutims, of The Ohio Casualty Insurance Company, liberty Mutual 3oa Insurance Company, and West American Insurance Company which resolulions are now in full force and effect readirg as follows: a M m ARTICLE IV or OFFICERS: Section or oawer tion aummize, `o o Any otfrcer or ether oRsial of Ure Corporation authenzed for that purpose in mntmg by dn_ Chairman or ttre President, and spbjepl to sato limilaben as IM Chairman or gre � � Prescient may prescribe, shall appoint socr, awmeys-In-fad, as may to necessary to act in behalf of the Corporation to make, exeof2, seal, ackrmwl"je and deliver as Surety m—_ any and alt undertakings. bands, recrgnizar ces and other surety obligations. Sure acaneys-In-`act, subject to the linntalcns set form in their respective powers of afro ey, small a a have full power to bind the Corpon non by their Signature and execution of any such instruments and to attach MeteM the seal of the Corporation. Wren so executed, such CO In instruments shall be as binding as It signed by etas Resident and attested to by Ere Secretary. Any power er authonty granted to any representative or alt wneyin-fact under the a m pmNsmes of flus article nay he revered at any time by the Board, Ito Chairman, the President or by me officer or officersgranbng such power or mffimly. 00 XIII- Execution of Contracts: Section 5 Suety Bonds and Jrlderatings. AnyoRca of the Company authorized ter that purpose in wMin9 by Ire Chairman or tha president, and subject to such limitations as the chairman a the president may prescribe, shall appoint such altorneysm-fac. as may be necessary to at in behalf of ilw_ Company to make, execule, net acknowtedge and deliver as surety my and all undeKakings, borest, mcogr izances and other surely obligations. Such morraysln-fact subject to Ire bmltations set form in their respective powers of attorney, shall have full power to bid the Company by their signature and exaculem of any such inshumenls and to attach thereto the seat of the Company, When so executed such instruments shall be as binding as 9 signed by the president and attested by the secretary. Certificate W Designatic n -The President of the Company, acting pursuant to the Bylaws of No Company, authortzes David M Carey, Assistant Secretary h0 meant such attorneys in fact as may be necessary to ad on behalf of the Coimpany to make. execule, seal, acknowledge and deliver as surety any and all mdamakings, bands, rxrogn¢arczs and other surety obligations Authorization - By unanimous consent of Ite Gen panys Bund of Mectors, The Company consents that facsimile a meoilancally reproduced signature of any assistant secretary alirye Company, whenever appearing upon a cedirod my of any pacer or ahomey issued by he Company in connection with surely Lords, shall be valid and binding upon he Cronl.ary w,th the same breed'fd effect as though manually aKxed. - 1, Renee C. Uewefyn. the uoparsigrnetl. Assistant Secretary. The Ohio Casualty insurance: Company, Liberty Mutual insurance Company, and West Amoral Ddl u- ncz Company dn` hereby s&riy thilthe anginal power of attorney of which the forelicung is a full, two and cenecl copy of the Power or Attorney executed by said Companies :s L^: tail force anditlect end hts no,L,¢n rarUed: IN TESThilY148ER0F, t havehereanosetmyhand and affixed the sealsofsaid Compatiesihls 17th daycf October ,2024 - .. - aJa`���ryrin °j3T``Prv6�"'e�yo c 3 �6W`eadm s.r 912 ., o q 1919 n i 1991 " __iL — 98jT `a�+.aDae SD +.ours Deo YS�McRKw�1D; By: Renee C. Llewetyn, Assistant Sedialay Lfalliwatraic Sid WAn;Nol GCda21 -119101:4 2.11 LIST OF PROPOSED SUBCONTRACTORS ZUMA CONSTRUCTION GROUP INC. 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 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 - 11 BIDDER: ZUMA CONSTRUCTION GROUP INC. 2.11 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 Plumbing Name: DALE Plumbi 4262 License No.: 918082 Department of Industrial Relation Registration No. 1000019112 Name and Location of Subcontractor Description of Work to be Subcontracted Name: DOTZ Inc Address: 15500 ERWIN STREET #2002,VAN NUYS, CA 91411 License No.: 1033830 Department of Industrial Relation Registration No. 1000709093 Name and Location of Subcontractor Name: FINELINE PRODUCTS INC I:IV_L Description of Work to be Subcontracted Electrical Address: 3943 IRVINE BLVD NO 49 IRVINE. CA 92602 License No.: 1095531 Department of Industrial Relation Registration No. 1000965386 Name and Location of Subcontractor Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration Name and Location of Subcontractor Name: License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration CBF -12 BIDDER: ZUMA CONSTRUCTION GROUP 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: 1. City of Lake Forest 100 Civic Center Dr, Lake Forest, CA 92630 Name and Address of Owner Furkan Cetinkale Phone: (951) 534 8983 Name and telephone number of person familiar with project 470,000 Structural Steel Patio Cover 05/2024 Contract amount Type of Work Date Completed 2. Long Beach City College 4901 E Carson St, Long Beach, CA 90808 Name and Address of Owner Steven Lamos (562) 242 4410 Name and telephone number of person familiar with project $73,411.00 Classrooms Improvements Jan 2023 Contract amount Type of Work Date Completed 3. Long Beach Unified School District 2425 Webster Ave, Long Beach, CA 90810 Name and Address of Owner Jonathan Nava (818) 741 8118 Name and telephone number of person familiar with project $502,000.00 Abatement & Painting August 2023 Contract amount Type of Work Date Completed CBF -13 H BIDDER: ZUMA CONSTRUCTION GROUP INC. Long Beach City College 4901 E Carson St, Long Beach, CA 90808 Name and Address of Owner Abdul Kunbargi (949) 529 8672 Name and telephone number of person familiar with project 34,500 Dust Collection System Contract amount Type of Work CBF -14 Jan 2024 Date Completed BIDDER: ZUMA CONSTRUCTION GROUP INC. SECTION 3 NON- COLLUSION AFFIDAVIT CBF -15 ZUMA CONSTRUCTION GROUP 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. Signature Typed or Printed Name Title G.-L0LACk rtAc-(f'40 6,i 1? 11v',( Bidder Subscribed and sworn before rrr�e This day of ( C 1 .209q No tc in and for the State of California My Commission Expires: t)e—�d� CBF -16 (Seal) k • �� Corner 1e1 ((CySi u1C Lu1s11•Uci lui 1 C®1•Pulu ui lui 1 440 N Barranca Avenue, #5210, Covina, CA 91723 1 Tel/Fax#:1-844-CKC-CORP (1-844-252-2677) CA Contractors License#: 992459 1 Website: www.cornerkeystone.com i Email: ceo@cornerkeystone.com Bid Letter Rosemead Park Restroom Renovation Adjacent To Aquatic Center Project No. 41026 Corner Keystone Construction Corporation's bid proposal: Total Bid Price: $ 388,388.79 Bid Bond Amount: 10% of bid amount Acknowledged Addenda: 01 & 02 Bidder's State of Incorporation: California License Number: CSLB 992459 Man Dy, V — Operations Corner Ke stone Construction Corp. CORNER KEYSTONE BIDDER: CONSTRUCTION CORP. CITY OF ROSEMEAD ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 SECTION I - BID SCHEDULE CONTRACT BID FORMS CBF -1 CORNER KEYSTONE BIDDER: CONSTRUCTION CORP. REISSUED BASE BID SCHEDULE, PER ADDENDUM #2 SCHEDULE OF PRICES FOR ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 NO. ITEM DESCRIPTION EST, QTY. UNIT UNIT PRICE ITEM COST Temporary Restroom Facilities - work shall include rental of two portable restrooms and two hand washing 1 stations. The contractor shall ensure that 1 LS $17,751 96 $ 27,751.96 the portable restrooms and hand washing stations are regularly maintained (cleaned and stocked) throughout the construction duration. Site Work: Demolition- Removal and disposal of toilet partitions, Interior 2 fixtures, walls, curbs, plumbing, pavement 1 LS $ 67,292.14 $ 67,292.14 (includes sawcut slab on grade, tile (mortar base), electrical, incidentals per tans andspecifications Concrete Foundation/ Slab: Construct 3 new slab and level floors as necessary, 1 LS $ 33,719.54 $J3,719,54 incidentals per plans and specifications Interior Walls: Metal Stud framing — 6" @ 4 16" OC. Add Blocking/sheathing to chase 1 LS $_20,108.51 $ 20,108.51 wall. Gypsum board to walls/ceilings. Incidentals per plans andspecifications 5 Roofing: Patch & Repair Roofing 1 LS $13,363.21 $ 13,363.21 6 Caulk and Sealants 1 LS $6,524,44 $1,524,44 Doors/Frames/Hardware: Metal gate, 7 Exterior lever hardware, hold open 1 LS $ 4,125.24 $_j125 24 latches, kick plates, incidentals per plans ands ecifications 8 Ceramic Tile — Base 1 LS $ 12,058.77 $12,058.77 9 Epoxy Flooring 1 LS $ 11,602.98 $ 11,602.98 Paint/Wall Covering: Power wash interior walls, paint to interior walls & ceiling. FRP 10 Wall Paneling, skim coat on CMU Walls, 1 LS $ 11,026.60 $_11,026.60 Graffiti Resistance Coating, incidentals Der Dlans ands ecifications Toilet Accessories: Toilet partitions — 11 ADA- solid plastic, Toilet Partitions — Solid 1 LS $18,12500 $18,12500 Plastic, Urinal Partitions — Solid Plastic, Grab bars, Toilet Paper Dispensers — CBF -2 CORNER KEYSTONE BIDDER: CONSTRUCTION CORP. NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Vandal Resistant, Seat Cover Dispensers — Vandal Resistant, Soap Dispensers — Vandal Resistant, Mirrors with Graffiti Protection Film, Electric Hand Dryers, incidentals per plans and specifications 12 Misc. Specialties: Door signage, ADA Striping at Parking Lot, incidentals per 1 LS $ 19,580.69 $ 19,580.69 plans and specifications Plumbing: Water Closets, add Water Closet, Lavatories, Urinals, Trap Primers with access panels, Water Hammer 13 Arrestors, Sewer Lateral Replacement, 1 LS $_77,875.72 $ 77,875.72 Flush and Inspect to street, Floor Drains, Rough in @ fixtures, Rough in to fixtures at new locations, incidentals per plans and s ecifications HVAC: Exhaust Fans, Roof Penetrations 14 and Flashings, G.I. Duct Work — Round, 1 LS $10,859.30 $10,859.30 incidentals per plans andspecifications Electrical Systems: Lighting: (1x4) Surf Mt —Vandal Resistant — Integ OCC Sensors 15 —43 W LED, Exit Sign/Bud Eye Combo w/ 1 LS $23,296.97 $ 23,296.97 batt. Backup — 5W LED, Occupancy Sensors, incidentals per plans and specifications 16 Electrical Systems: Power: J -Boxes, Motor Connections, Conduit and Wire, 1 LS 21077.72 $, $ 21,077.72 incidentals per plans and specifications TOTAL BASE BID AMOUNT IN NUMBERS $ 388,388.79 TOTAL BASE BID AMOUNT IN WORDS: THREE HUNDRED EIGHTY EIGHT THOUSAND THREE HUNDRED EIGHTY EIGHT AND 79/100 DOLLARS ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER 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 -176 Part "D" Appendix Appendix A — Project Plans CBF -3 CORNER KEYSTONE CONSTRUCTION CORP. Appendix B — Project Cut Sheets and Project Manual 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 Rosemead Park Restroom Renovation Adjacent to Aquatic Center, Project No. 41026. 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 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 parry, 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 ora id bond in the amount of 10% OF THE BID AMOUNT Dollars ($10% OF THE BID AMOUNj said amon mg 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 Bidder's California contractor's license(s) in good standing; (2) CBF -4 CORNER KEYSTONE CONSTRUCTION CORP. 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. 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 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: ADDENDA ACKNOWLEDGMENT JANETT VASQUEZ 10/10/2024 The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. 01 Dated 10/15/2024 Addendum No. 02 Addendum Addendum Dated 10/16/2024 Dated Dated CORNER KEYSTONE 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, Slats. 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. N/A 14161 61 0 1:1G7:1 001to]IM BIDDER: CONSTRUCTION CORP. 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 -7 By: Signa re MAN DY Type or Print Name VP -OPERATIONS Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): CSLB 992459 Department Industrial Relations Registered No. 1000010739 NOTES: CORNER KEYSTONE CONSTRUCTION CORP. 440 N BARRANCA AVE., #5210 Business Street Address COVINA, CA 91723 City, State and Zip Code (844)252-2677 Telephone Number CALIFORNIA N/A I) 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. NOTE: SEE ATTACH ED'RESOLUTION TO AUTHORIZE CONTRACT' CBF -8 < �ov, Corner I(eya-tans Construction Crarpor—atioun O340 S Lemon Ave., Ste 5210, Walnut, [A 91789 1 Tel/Fax#:1-844-fK[-LORP(1-844-252-2677) CA Eontroctor's License#: 992459 1 Website: www.cornerkeysione.com I Email: ceo@cornerkeystone.com Resolution to Authorize Contract RESOLVED, that the Corporation enter into a contract with any private, commercial, or government entity for the general purposes of conducting construction works, or any other business related thereto and all upon such terms and conditions as are set forth in an agreement between the parties The undersigned hereby certifies that he/she is the duly elected and qualified Secretary and the custodian of the books and records and seal of Corner Keystone Construction Corporation, a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a meeting of the January 5, 2016 and that said meeting was held in accordance with state law and the Bylaws of the above-named Corporation on March 13, 2014 and that said resolution is now in full force and effect without modification or rescission. RESOLVED, that the Corporation renew its appointment for Man Dy, its Vice President for Operations to review, approve, enter, sign, and execute any and all contracts relating to a bid, award, procure, or terminate a project or contract of any and all residential, commercial, and government projects in the best interest of the Corporation. In addition, he is authorized to fill, sign, execute, or close any and all city, county, or state permits or paper works in relation to the execution of the contract/project. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above-named Corporation this January 5, 2016, in the County of Los Angeles, CA. Secretary CORNER KEYSTONE BIDDER: CONSTRUCTION CORP. SECTION2 BID DATA FORMS ;�:w7 A24.156 BIDDER: Comer Keystone Construction Corp. Bond No. CSBA-28741 Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Fomis. 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 Comer Keystone Construction Corp as Principal, and The Ohio Casualty Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ($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 ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated October 23rd, 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 17th day of October , 2024 Corner Keystone Construction Corp. (SLAL) Principal By: By: Signatur• Man Dytwnitco, President The Ohio Casualty Insurance ComEany(SEAL) Surety Signature Frank Morons, Attomay-in-Pact ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of orange On 1011712024 before me, Melissa Ann Vaccaro Notary Public (insert name and title of the officer) personally appeared Frank Morones , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA ANN VACCARO WITNESS my hand and official seal. S .. COMM. #2401942 # rya< Notary PubllaCallwnla m ORANGE COUNTY r (� My Comm. Expirn May i?, 2026 Signaturl)¢Y� x�C. �—. (Seal) Melissa Ann Vaccaro 0 Liberty Mutual. SURETY Bond No. CSBA-28741 mu Foes, of AWM@y smin, the ads at Him turned hardn, and the Company ",ail In til manna and oil u# duhya herein stand Liberty Mutual Insurance Company The Ohio Casualty Insurance Company CeMM Rf 82011029.1169541 West American Insurance Company POWER OF ATTORNEY inion ALL Lewb m"IKRM C*VMY Q 3CYPAbtin duly pgetnubd undo IM 100111d the Slam ofMM BY THESE PRESENTS: Thai The Ohio Casuatty heurar" ca"wir gMmi Y1C Wall Awcw IrwaKA CoAl jb a a ovvtoMww,aO MOW felosdoeSlwdwbma(herein bbkdWy0WWthe 'CWpames7,ptrsumlba'dbyadhonlyhaenSal lost does hereby ram.CammmV4appwt Arrau weft, Seek SCIVOWage and deny, for W on as bond x surety and a m ad and deed. any W al umerfakirpa, btyds Wo(incuum W Wait Purely oto n waare of there MWU W shal be as bkdrg upon the Conpan es as it key have beer d* signed by One W968M W ylesled by the Weng d the efrgakes a thy fan fxa Palma IN WITNESS WHEREOF. ft Power of Afoney nal been subwrited by an aoforb10d oftw a dsdy Of the Companies and 0110 CW WO seals d ere O)"" el 40 bare aRsee Pwabfe Ng dayd Nl bcr . 1023 Liberty Mutat Imuranoe company wauN� sr wsu a The Ohio Casualty lr u ceCmpany J��P.•w„moia,,ovw4 ,West Amacan lnsurare Cortriany `t912F�19 O,ayT n«e�+aM� asBy: ftauvl AI Caev ACMa51 Pasoan 111 appeared Davin M. Carey. Who aWWA60961 hRaaya be the An” %=W y, and fry he. as suchbeing aukgrvai w b do. eaeWe tib oxamO Ey symng w behalf dye mWasom by hknseff x IN WETNESS WHEREOF, I love hiaema 9,1110 ed my nam and arae my ndMal sea y PIYmft Maen9, Paau7Nmia on fit day am Yeafnt able. y FA5 O ;�p<C famtoNnV CFtrn116sL'NM Sul n �+� wm'+•e i,*P ' P YsmM m gy; f'VLc"" m `, 5 xY... "y rn..w,mw name terga PxMa. HnIaY putk _ o .� r Wee. vwq..w.+.we�.enerwree fO The Poxer of Albs/ s made ane ewubid pw6Vare to W by auegruy, of ere 100MM Sy -law W Aubrmxam of The Ow Casualty ftwalf a affory, Lie" What e m uawxrt Crnpany. W Ww1 AmwCan Imurante CoarpanywhM MiAutiMs we nav in he bra and edea readtp w blows ARTICLE IV -OFFICERS: SeClow 12, PUAy OfAbaney. Any OMCs a CM offal d fa Capaabw wniinad for OW pwpose In wamp by ere C hairan a the Pom shit W subject b SuM aatxm x yr OWM a the e Hepowl my Massae. anal WWI such albrmys'b'fxL x may be WAUNY to ad in behar of IN Corpatabon b mesa, weal, mal. I d aiwas l ad deity x suNy, any W x undwLOwW. bods, rewpn'ibarras and aha suety obligations SUCh adamya.m-ract wbiad a ere Nnlaems ew bill M their MSPx6vs Powwa d mw" vw he* Na power l bk4 the Ca UXM by felt agnetae and wecubt of any such nabumaks W to afach etwwo the sub of the Carwakn. Vow a OW , Sum rwbeaaaa atom be es W" an; V agmd by fit Prestlml and athlbe b by the SaWay. Any pmw a atemrky Waned a any Npealdawe Of Mmeyavhd wow n e provsira d ec breis may be rawkW at any erre by the Board. esu Charmm.the Preskanla by theomar adkars grm6g such pow or AdhoraY ARTICLE XW -Elea" ofCO*": Sed'on 5 Sally Sada W Lkdwt*AV- Any Olamr of be COMWY sini for that purpose In wmYg by bw chairman err fit pieWenl, and Subject to such lmlkwlont as the dwman w w Patient May Mcrae, shy eppvtt soh wlrmys'n4ad x rely ub newxsary b ad n behalf d Ins Campmy a masa, weftla, say, aduwag7e and Mk1ar es very Cry W x wdwafum11a bras. rwag a&m and ofw slaty 01d4x0m. Such atlaneyadndad Sallied b the tkatybm so knh in their respect* paaws of ywamy, shal hail kePoww b bid fa Cwpeny by fey tgnaet W es*wW of any such bslnAnemt W b mach fyeb the said d the Company. Whm so weaned Inch WAV eatss"be at badly at a Wod W the plaw"A and NOW byte 60UCWY C W"mdoagrrWm- The Pm4mt dthe CwkWy.N%N punuwa to the 9ylaraur ft ooromy, wffims David ka Carey. Alleging seCway, 10 ow WOAwmasaf fW x may by necessary b foul m banafdthe C¢mpany bmesa, aaefya,sub.&*O*Wp and deny as sally, say W al WWMWgs Dads,nao ftW and Ow suet' replies AWlarteNon- By awaml rmsBa of Ire em`gmys Rad d aedas, esu CbMwy=5" fat hCwmaeameChmiCary tWixit ed ag"" of my am" wtlaw des Company, whwew appearing VWm a CWlfed Copy d anyPavyd 04MOY weed by ba Calgary, in Ca wcw with surety baler, "to Vved Woe fWm ft 0:011wy ra Ire tame forte Ind melt x efyn mawasf wiled I. Rana CLANOyn, M aderegmo, aSskgaM Seueury, Rd Onix Cawaay maWMe Cgmpany, teary WAW hNwerw company, ail WOO Myian ea4140"QkNary a ramyty* but xes d afane VO a4" POW dhat werr rabgaV ea. Nu I he W Carso spy d the Poxes d Afwnay UWAad by sad CWIW*L a hail atop W wA2v b hes rig len rewkW INTESTWONYWWJEOF. I nave harwna a a myhaWW y4xatl" So" of said Conpmwe flit 17th dyof0clo/er weuy� rr mesa woaai,n. 'Ah N ♦°'ver x10 y .AsylteN ^-<a ^:' r � ab • 1� ail a T'/� err e. r.. ". UALtxiltAOt OaC'MAICaMCOeaar � i CORNER KEYSTONE BIDDER: CONSTRUCTION CORP. 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 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- 11 CORNER KEYSTONE CONSTRUCTION CORP. 2.11 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:_ Address: License No.: Department of Industrial Relation Registration Name and Location of Subcontractor Name: N/A License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor Name: N/A License No.: Department of Industrial Relation Registration No. Name and Location of Subcontractor N/A License No.: Department of Industrial Relation Registration No. Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: N/A Address: License No.: Department of Industrial Relation Registration No. CBF -12 CORNER KEYSTONE BID DER: 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 . Norwalk -La Mirada Unified School District; 12820 Pioneer Blvd., Norwalk, CA 90650 Name and Address of Owner Elizabeth Jaimes / 562-868-0431 Name and telephone number of person familiar with project Alterations to (1) one preschool classroom, (3) three restrooms & playground nonstructural modifications at Sanchez Elementary School. Also, including, $227,700.00 NJ nnf limifod fn eIeHd,.l cinnal and accnniatad cite.nmrk 02/05/2022 Contract amount Type 2. City of Pasadena 14000 City Center Drive, Chino Hills, CA Name and Address of Owner Jarrod Manuel / 909-364-2793 Name and telephone number of person familiar with project Date Completed The project scope includes excavation, minor grading/demolition; asphalt paving; trench, and install temporary utilities; furnish and install privacy 09/07/2022 screen. new concrete drivewav, and automatic chain link slidinq gate. Contract amount Type of Work 3. City of Placentia 401 East Chapman Avenue Placentia CA Name and Address of Owner Raquel Garcia / 714-993-8231 / ragarcia@placentia.org Name and telephone number of person familiar with project Demolition, saw -cutting, steel reinforcement, concrete foundations, slabs, utilities, exhaust fans, electrical and plumbing and full coordination with Date Contract amount Type of Work Date Completed CBF -13 4' Housing Authority of the County of San Bernardino; Name and Address of Owner John Borgardt 909 -332 - CORNER KEYSTONE BIDDER: CONSTRUCTION CORP. 715 E. Brier Drive, San Bernardino, CA 92408 Name and telephone number of person familiar with project Remodel works for units 810/812 including $294,257.27 exterior and interior works. Contract amount Type of Work CBF -14 02/02/2024 Date CORNER KEYSTONE BIDDER: CONSTRUCTION CORP. SECTION 3 NON-COLL USIONA FFIDA VIT CBF -15 CORNER KEYSTONE BIDDER: CONSTRUCTION CORP. A24-156 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. Signa e MAN DY Typed or Printed Name VP - OPERATIONS Title CORNER KEYSTONE CONSTRUCTION CORP. Bidder Subscribed and sworn before me This day of 120 (Seal) Notary Public in and for /��" the State of California see attached My CBF -16 A24-114 CALWORNIA ALL-PURPOSE ACKNOWLiDGMENT CIVIL CODE ;1189 xainca�nt..cxxr�cccry..xxctxrc��cr�oresccocorncawcarvoctuucrasancui A notary, pubkc or other officer completing this certificate verifies ally the Identity of the Individual who signed Uro domxnent to which this certificate is attached, and not the Wthfulnes% accuracy, or validity of that document State of Ceiifomla ) County of LOS , ANGELES rti ►2� t On _(_h Q4- before me, � NQr; tt` u �� L- W bate Here InsertName and Title of the OHker personally appeared Names) of Signer(t) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(A is/ar6 subscribed to the within instrument and acknowledged to me that he/sj(e/t)(ey executed the same in his/t*Atysir authorized capacity(iyfs), and that by hi&*r/qir signatureo) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. +e.FlLa wn coos�umraaa�.cws oa:at ; rAl JNa..H I certify under PENALTY OF PERJURY under the laws of the Stao pf California that the foregoing paragraph is true arA c4rTect. my)harti and official seal. of Notary Public 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: Document Date: Signers) Other Than Named Above: CapacitAies) Claimed by Signer(ii) Signer's Name: 0 Corporate Officer — Title(s): Partner — FJ IJ�Ked ' ' enerai I I individusl I orney In Fact O Trustee t7 Guardian or Conservator D OOter Representing: of Pages: Signer's Name: 0 Corporate Officer — Title(s): El Partner — 0 Limited 0 General U Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Jr/J/Y/J%.�xFp/.rrF�.`-Gr%�''/X%X%Lr,(X%Grxr%GY.t.`r4'(%Gr.CU„u,'Cti'CLr%7C.Cr4'CCCI.R'h'C4�CC�'i'vC(7�:4Z'P[r4R'aa.CGV p 02015 National NotaryAssoclatlon - www,NationalNotary.ag - 1-80US NOTARY (1.800-876.6827) WOW? 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: CORNER KEYSTONE CONSTRUCTION CORP. Date: 10(2112024 By: MAN DY (VP -OPERATIONS Name and Title of Authorized Representative Signature f Authorized Representative Page: APPENDIX F -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 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 learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The tennis "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 --Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower fier 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 F -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: CORNER KEYSTONE CONSTRUCTION CORP. Date: 10/21/2024 By: MAN DY / VP - OPERATIONS Name and Title of Authorized Representative Signature of 4thorized Representative Page: APPENDIX F -Certifications for Federal -Aid Contracts.4 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE TIES FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal 3. Report Type: N/A Action: ❑ 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 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: 0 Prime ❑ Subawardee Tier. if known Congressional District, if known: Congressional District, if known: _ 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applical & Federal Action Number, if known: 9. Award Amount, if known: 10.a. Name and Address of Lobby Registrant (If individual, last name, first name, MI) 10.b. Individuals Performing Services (including address if different from No. 10) (last name, first name, MD (attach Continuation Sheet(s) if necessary) Section 1352. This s a material Print Name: M DY 11. Information requested through this form is Signature: authorized by Title 31 U.S.C. Sec disclosure of lobbying activities i representation of fact upon which reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required Title: VP - OPERATIONS pursuant to 31 U.S.C. 1352. This information will 844-252-2677 be available for public inspection. Any person who fails to file the required disclosure shall be Telephone No.: Date: 10/21/2024 subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized for Local Reproduction Federal Use Only: Standard Form—LLL (Rev. 7-97) Page: APPENDIX F -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 (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 F -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 F -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 htti)s //www.ecfr.gov/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, 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. A plus Area Firms: CONTRACTOR shall, in accordance with 2 CFR 200.321, take affirmative s 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 F -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 F -Certifications for Federal -Aid Contracts.9 CHI 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. 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. (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 7401-7671 q) 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 see.). 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 F -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 "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. 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 F -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 F -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 F -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 F -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 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 F -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 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 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 et 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 F -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. MAN DY / P- OPERATIONS CORNER KEYSTONE CONSTRUCTION CORP. 10/21/2024 Page: APPENDIX F -Certifications for Federal -Aid Contracts.17 BIDDER: CITY OF ROSEMEAD ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 SECTION - BID SCHEDULE CONTRACT BID FORMS CBF -1 t�JT Cot-JS-CA,t T7 a.J BIDDER: 4 MAAM'62n5 REISSUED BASE BID SCHEDULE, PER ADDENDUM #2 SCHEDULE OF PRICES FOR ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41926 NO. ITEM DESCRIPTION EST. UNIT UNIT ITEM QTY. PRICE COST Temporary Restroom Facilities - work shall include rental of two portable restrooms and two hand washing 1 stations. The contractor shall ensure that 1 LS $�1 11t�b $ 00b the portable restrooms and hand washing stations are regularly maintained (cleaned and stocked) throughout the construction duration. Site Work: Demolition- Removal and disposal of toilet partitions, Interior 2 fixtures, walls, curbs, plumbing, pavement 1 LS $✓� r101 $ (�V } 7dro (includes sawcut slab on grade, the (mortar base), electrical, incidentals per tans and specifications 3 Concrete Foundation/ Slab: Construct new slab and level floors as necessary, 1 LS $ $ ('I Dt a — incidentals per plans andspecifications Interior Walls: Metal Stud framing - 6" @ 4 16" OC. Add Blocking/sheathing to chase 1 LS $23i 20_ $ Z3 '70 E wall. Gypsum board to wallslceilings. Incidentals per plans andspecifications 5 Roofing: Patch &Repair Roofing 1 LS $, $� 6 Caulk and Sealants 1 LS $ �:Uyo- $ s 1,040 Doors/Frames/Hardware: Metal gate, 7 Exterior lever hardware, hold open 1 LS $—L7, 00,1 $ Z�, 6� latches, kick plates, incidentals per plans andspecifications 8 Ceramic Tile - Base 1 LS $ /� $ I0 � /� " 9 Epoxy Flooring 1 LS $_11 2 �- $ /47 'za Paint/Wall Covering: Power wash interior walls, paint to interiorwalls & ceiling. FRP 10 Wall Paneling, skim coat on CMU Walls, 1 LS $ 3 �W - $ 7 ev Graffiti Resistance Coating, incidentals plans andspecifications Toilet Accessories: Toilet partitions - E11per ADA- solid plastic, Toilet Partitions - Solid 1 LS Plastic, Urinal Partitions - Solid Plastic, Grab bars, Toilet Paper Dispensers - CBF -2 ✓�n�Tnn.�- c�srC�ttir*Z BIDDER: NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Vandal Resistant, Seat Cover Dispensers - Vandal Resistant, Soap Dispensers - Vandal Resistant, Mirrors with Graffiti Protection Film, Electric Hand Dryers, incidentals per plans andspecifications 12 Misc. Specialties: Door signage, ADA Striping at Parking Lot, incidentals per 1 LS $ $T plans and specifications Plumbing: Water Closets, add Water Closet, Lavatories, Urinals, Trap Primers with access panels, Water Hammer 13 Arrestors, Sewer Lateral Replacement, 1 LS s-1/6, Flush and Inspect to street, Floor Drains, Rough in @ fixtures, Rough in to fixtures at new locations, incidentals per plans and specifications 14 HVAC: Exhaust Fans, Roof Penetrations and Flashings, G.I. Duct Work- Round, 1 LS $ 2-3 $ 6V incidentals per plans andspecifications Electrical Systems: Lighting: (1x4) Surf Mt - Vandal Resistant - Integ OCC Sensors 15 - 43 W LED, Exit Sign/Bud Eye Combo w/ 1 LS $� J� $ batt. Backup - 5W LED, Occupancy Sensors, incidentals per plans and specifications Electrical Systems: Power: J -Boxes, G 16 Motor Connections, Conduit and Wire, 1 LS $ $ o incidentals per plans and specifications TOTAL BASE BID AMOUNT IN NUMBERS $ 3S111 `lit) TOTAL BASE BID AMOUNT IN WORDS:.y-t-t- L ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER 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 -176 Part "D" Appendix Appendix A - Project Plans For -.129 Vt?rjr" — aN TAW -4,4113 BIDDER: 4 MAN � Appendix B – Project Cut Sheets and Project Manual 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 Rosemead Park Restroom Renovation Adjacent to Aquatic Center, Project No. 41026. 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 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 aid bond the amount of Dollars ($ ) said amo emg 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 fumish 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) CBF -4 BIDDER:F 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. Days from the date of the Notice of Proceed and subject to the terms and conditions aescnnea m the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The 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. EXAMNATION 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: ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. 01 Dated to ! Addendum No. ° v Dated --/4 b �( Addendum No. Dated Addendum No. Dated RMMI BIDDER: 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 Cr -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 If the answer is yes, explain the circumstances in the following space. BIDDER: PUBLIC CONTRACT CODE 10232 STATEMENT Va 4'r — >t HAVLWEMC-P —I 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 -7 By: G� Signa ure Type or Pril t Name 0�pw Title V61-EAA'0 W04i rT Business Street Address GOHlJft� C�\ 9298L City, State and Zip Code 3tc) — d1a78 Telephone Number Bidder's/Contractor's State of Incorporation: CA -LI �a'r rJ/t3 Partners or Joint Venturers: Bidder's License Number(s): -7 �b Department Industrial Relations Registered No. /00() U 1�3 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 -8 BIDDER: SECTION 2 BID DATA FORMS CBF -9 BIDDER. BOBBY RARASA A. )IBRORE CONSTRNCRRN S NAIIABBIENT Bidder shall submit its Bid data in accordance withthe format shown on each of the following Bid DataForms. 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 BOBBY RAGASA dba VENTURE CONSTRUCTION & MANAGEMENT as Principal, and GREAT MIDWEST 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 DOLLARS ($ 10% ), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated OCTOBER 23RD, 2024 NOW, T11EREFORE, 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 21ST day of OCTOBER 2024 BOBBY RAGASAdbeVENTURE CONS NC ifNBMANAGEME(SEAL) GREAT MMWESTINSURANCEC MANY IS AL) Principal Surety e By: By: Signa Signatur VIN VEGA, ATTOR -In-FACT POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its in Houston, TX, does hereby consulate and appoint: Philip E. Vega, Kevin Vega, Britton Christiansen true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bons, undertakings or of tings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWE WRANCE COMPANY, on the 1" day of October, 2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Compen, er person or persons as Attorney -In -Fact to execute on behalf of the Company any bons, undertakings, policies, contracts of indemnity or of tings obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly elec cars, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon mpany as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appoih y be removed in the Company's sole discretion and the authority so granted may be revoked as specified In the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any pourer of attorney gran I the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any s ver or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and as,, I certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and a Seal to be affixed this 11th day of February, 2021. ACKNOWLEDGEMENT GREAT MIDWEST INSURANCE COMPANY 44 V)' Mark W. Haushiil President On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose t he Is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described In and which executed the above instrurr executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. o"°+'.`��! CHRISTINA BISHOP do°A...e aa�_A;;j SNotary Public, State of Texas Comm. Explies 04.14-2028 ��r°ins Notary ID 191090408 CERTIFICATE Christine Bishop Notary Public 1, the undersigned. Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY original Power ofAttorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolul set forth are now in force. and Sealed at Houston. TX this 2191 Day of Oclob-r . 20 24 . ('�"s BY LeslieSeer 0flP00.t`�\ Any person who Knowingly and with intent to defraud any Insurance company or other person, fifes and application for Insurance of sial any materially false Information, or conceals for the purpose of misleading, Information concerning any tact material thereto, commits nsurance act, which Is a crime and subjects such person to criminal and civil penalties. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate 4erifies 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. Countyof LOS ANGELES On October 21st, 2024 before me, Philip Vega, Notary Public Here Insert Name and TiBe of the oMcer personally appeared Kevin Vega, Attorney -in -Fact Narrate) of Signer(s) PHItiU VE GA PObdc - California I Los Angeles County _ Commission: 2490569 W W" My Comm. Expires may 2L 2028 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the some in hismedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing pai-Mrraph is true and correct WITNESS my hand and official OPTIONAL Though (hetnformallm below is not required bylaw, it may prove valuable to pononsrolling on the, and reattachment of llds from to anomer document. Description of Attached Document Title of Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer Title($): (3 Partner - ❑Limited ❑General ❑ Attorney in Fact fti ar Thumb d 1 ar a( ❑ Trustee Toed thumb hale ❑ Guardian or Conservator ❑ other: Number of Pages: Signers Name: ❑ Individual ❑ Corporate officer Titie(s): ❑ Partner - ❑limited 13 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or ConservatOr ❑ other: CAIDD102000.50111\10151761.2 22 (UPDATED: 01-19) reauwar BIDDER: 2.11 LIST OF PROPOSED SUBCONTRACTORS Vr�gwt,ECrrrsTrveraJ it1A+sflic3l T 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 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 -11 1 ANCl"'T y oirnJ -TaTME R; 2.11 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: 6x ( CiXdy-k — Address: / d 3 �0 5 M -A, AAA 1 ^�, CA- ' LicenseNo.:%��i1�GiY Department of Industrial Relation Registration No. %o o o J Z ti gf Y Name and Location Description of Work of Subcontractor to be Subcontracted NLex-' �L, v; xql 17r Name: CotG 2. "t7Addres A- r '� �kr�.7 License No.: c�,4 -)-t- / Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address:' License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted 19)'D Name: , Cy Address �Uy � LicenseNo.: C4G-7-2-g Department of Industrial Relation Registration No. / a o b o o //U 6 Name and Location Description of Work of Subcontractor to be Subcontracted '( 7 ��zt V`� S Name: A✓i(I r �S Address: / y(, U S - &(* e �' / �' License No.: �E 3 Department of Industrial Relation Registration No. e D 6 6 o o J �J� CBF -12 MFOINT45 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 Address: 1-71Y IUB° License No.: Z �7 Department of Industrial Name and Location of Subcontractor JAZ -N e Fl-�/ No.4dD9aoDQ-'ls' Description of Work to be Subcontracted Address: 31lir . /7a License No.: _ I p y 112-1, Department of Industrial Relation Registration No. / o o Y 9 F?I � 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: Address: License No.: Description of Work to be Subcontracted 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. CBF -12 BIDDER: 2.0 U JC -G cvrw'Cyrwo � re s 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: Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner 3. Name and telephone number of person familiar with project Contract amount Type of Work Date Completed Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -13 Hawaii License No.: ABC -17932 California License No.: CSLB#980460 DIR#:1000048369 Proiect History and Reference — Exhibit "A" Project Name: Irvine USD District Office Expansion Project Type: Public Education Location: 5050 Barranca Pkwy, Irvine, CA 92620 Owner: Irvine USD Owner Contact (Name and Current Phone ft Kelvin Okino;949-936-5305 Owner Contact Email: kelvinokino@iusd.org Architect or Engineer: WC Architect Architect or Engineer Contact (Name and Current Phone #): Debra Vaughan-Cleff; 760.415-8892 Architect or Engineer Contact Email: debra@studiowc.net Construction Manager: same as owner Construction Manager Contact (Name and Current Phone ft same as owner Construction Manager Contact Email: same as owner Description of Project, Scope of Work Performed: Estimate, construction management and coordination of entire project between Owner, architect, subcontractors involving site demolition, installation of prefab modular classrooms, concrete, AC paving, fencing, site utilities, electrical, plumbing, low voltage, landscape and irrigation. Total Value of Construction (including change orders): $1,940,000 OriginatValueofConstruction: $1,940,000.00 Original Scheduled Completion Date: 10/27/2022 Time Extensions Granted (# of Days): 0 Actual Date of Completion: 1 012 7/2 02 2 Project Name: Loma Ridge Elem School Portables Project Type: Public Education Location: 500 Tomato Springs, Irvine, CA 92606 Owner: Irvine USD Owner Contact (Name and Current Phone ft Kelvin Okino;949-936-5305 Owner Contact Email: kelvinokino@iusd.org Architect or Engineer: WC Architect Architect or Engineer Contact (Name and Current Phone ft Rebecca Peterson-Ibarra; 760-753-6800 Architect or Engineer Contact Email: ribarra@studiowc.net Construction Manager: same as owner Construction Manager Contact (Name and Current Phone ft same as owner Construction Manager Contact Email: same as owner Description of Project, Scope of Work Performed: Estimate, construction management and coordination of entire project between Owner, architect, subcontractors involving site demolition, installation of prefab modular classrooms, concrete, AC paving, fencing, site utilities, electrical, plumbing, low voltage, landscape and irrigation. Total Value of Construction (including change orders): $2,159,394 Original Value of Construction: $1,970,000.00 Original Scheduled Completion Date: 02/23/2024 Time Extensions Granted (# of Days): 0 Actual Date of Completion: 02/23/2024 Hawaii Telephone California P.O. Box 1134 (310) 570.0878 P.O. Box 1152 Pearl City, HI 96762 Corona, CA 92878 Project Name: Carver ES Parking and Bus Drop-off Improvements Project Type: Public Education Location. 1425 E. 120th Street, Los Angeles, CA 90059 Owner: Compton USD Owner Contact (Name and Current Phone ft Nathaniel Holt; 562-889-5182 Owner Contact Email: nholt@compton.kl2.ca.us Architect or Engineer: AVArchitects Architect or Engineer Contact (Name and Current Phone #): Antonio Vllarruel; 818-585-7699 Architect or Engineer Contact Email: av@av-arch.com Construction Manager: same as owner Construction Manager Contact (Name and Current Phone ft same as owner Construction Manager Contact Email: same as owner Description of Project, Scope of Work Performed: Estimate, construction management and coordination of entire project between Owner, architect, subcontractors involving site demolition, earthwork, AC paving, site concrete, site electrical, site plumbing, chain link / ornamental fence, storm drain system, landscape/irrigation. Total Value of Construction (including change orders): $1,940,000 Original Value of Construction: $1,940,000.00 Original Scheduled Completion Date: 09/03/2024 Time Extensions Granted (# of Days): 0 Actual Date of Completion. 09/03/2024 Project Name: Replace HVAC Various Schools (Foster, Laurel, Mayo, Carver) Project Type: Public Education Location: Various addresses Owner: Compton USD Owner Contact (Name and Current Phone ft Nathaniel Holt; 562-889-5182 Owner Contact Email: nholt@compton.k12.ca.us ArchitectorEngineer: WLC Architects Architect or Engineer Contact (Name and Current Phone ft Chien -Tin Wan; 909-987-0909 Architect or Engineer Contact Email: cwan@wlcarchitects.com Construction Manager: same as owner Construction Manager Contact (Name and Current Phone #): same as owner Construction Manager Contact Email: same as owner Description of Project, Scope of Work Performed: Estimate, construction management and coordination of entire project between Owner, architect, subcontractors involving selective demolition, carpentry, mechanical, electrical, plumbing, painting, roofing. Total Value of Construction (including change orders): $3,652,200 Original Value of Construction: $3,652,200.00 Original Scheduled Completion Date: 09/15/2019 Time Extensions Granted (# of Days): 0 Actual Date of Completion: 09/15/2019 Project Name: Norco College Learning Center / Stokoe ES Improvements Project Type: Public Education Location: 4601 Ambs Drive, Riverside, CA 92505 Owner: Riversice Community College District Owner Contact (Name and Current Phone ft Mehran Mohtasham; 951-222-8946 Owner Contact Email: mehran.mohtasham@rccd.edu Architect or Engineer: Westburg+White Architects Architect or Engineer Contact (Name and Current Phone #): Oueston Kwolek; 657-499-1253 Architect or Engineer Contact Email: gkwolek@wwarch.com Construction Manager: Kitchell Construction Manager Contact (Name and Current Phone #): Albert Ortega; 323-919-5344 Construction Manager Contact Email: aortega@kitchell.com Description of Project, Scope of Work Performed: Estimate, construction management and coordination of entire project between Owner, architect, subcontractors involving selective demolition, metal studs, drywall, acoustical ceiling, doors, hardware, storefront, glazing, flooring, ceramic tiles, painting, signage, plumbing, electrical mechanical, low voltage, AV system, surveillance system, fire alarm, fire sprinkler, site demolition, AC paving, striping, signage, playground equipment, rubber surfacing, landscape/irrigation. Total Value of Construction (including change orders): $3,110,064 Original Value of Construction: $3,110,064.00 Original Scheduled Completion Date: 08/1012024 Time Extensions Granted (# of Days): 0 Actual Date of Completion: 08/10/2024 Project Name: Loara HS/Cypress HS Pool Renovation Project Type: Public Education Location: Various Address Owner: Anaheim Union High SD Owner Contact (Name and Current Phone #): Art Lavenant; 714470-7584 Owner Contact Email: lavenant_a@auhsd.us Architect or Engineer: Arch Pac Aquatics Architect or Engineer Contact (Name and Current Phone ft Ken Moeller; 760-809-1360 Architect or Engineer Contact Email: kenmoelier@archpac.com Construction Manager: Cumming Construction Manager Contact (Name and Current Phone #): Kunal Shah; 213-248-0875 Construction Manager Contact Email: kshah@ccorpusa.com Description of Project, Scope of Work Performed: Estimate, construction management and coordination of entire project between Owner, architect, subcontractors involving selective demolition, demolition of existing pool tiles and equipment, install new pool equipment and finishes, CMU wall, concrete, ceramic tile, plumbing, electrical, landscape/irrigation, ornamental fence/gates. Total Value of Construction (including change orders): $5,960,400 Original Value of Construction: $5,951,715.00 Original Scheduled Completion Date: 06/30/2020 Time Extensions Granted (# of Days): 0 Actual Date of Completion: 06/30/2020 Project Name: Western HS Parking Lot Project Type: Public Education Location: 501 S. Western Avenue, Anaheim, CA 92804 Owner: Anaheim Union High SD Owner Contact (Name and Current Phone ft Art Lavenant; 714.470-7584 Owner Contact Email: lavenant_a@auhsd.us Architect or Engineer: Ghataode Bannon Architects Architect or Engineer Contact (Name and Current Phone #): David Bannon; 714-665-8030 Architect or Engineer Contact Email: Construction Manager: same as owner Construction Manager Contact (Name and Current Phone ft same as owner Construction Manager Contact Email: same as owner Description of Project, Scope of Work Performed: Estimate, construction management and coordination of entire project between Owner, architect, subcontractors involving site demolition, earthwork, new AC paving (45,000 SF) parking area, striping, signage, site utilities, chain link / ornamental fence, site electrical, landscape/irrigation. Total Value of Construction (including change orders): $2,580,000 Original Value of Construction; $2,580,000.00 Original Scheduled Completion Date: 11/21/2019 Time Extensions Granted (# of Days): 0 Actual Date of Completion: 11/21/2019 Project Name: NOCCCD Anaheim Swing Space Project Type: Public Education Location: 1830 W. Romneya Drive, Anaheim, CA 92801 Owner: North Orange County Community College Owner Contact (Name and Current Phone #): Matt Pirayeh; 310-739-1198 Owner Contact Email: mattpirayeh@maasco.com Architect or Engineer: SVAArchitects Architect or Engineer Contact (Name and Current Phone #): David Forman; 949-809-3380 Architect or Engineer Contact Email: dforman@sva-architects.com Construction Manager: same as owner Construction Manager Contact (Name and Current Phone #): same as owner Construction Manager Contact Email: same as owner Description of Project, Scope of Work Performed: Estimate, construction management and coordination of entire project between Owner, architect, subcontractors involving site demolition, installation of prefab modular classrooms, concrete, AC paving, fencing, offsite and onsite utilities, electrical, plumbing, low voltage, landscape and irrigation. Total Value of Construction (including change orders): $2,137,615 Original Value of Construction: $2,180,000.00 Original Scheduled Completion Date: 12/06/2023 Time F)densions Granted (# of Days): 0 Actual Date of Completion; 12/06/2023 4. Name and Address Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -14 SECTION3 NON-COLL USION AFFIDA VIT CBF -15 BIDDER: VCNtUd.S CoNtta �t I NON -COLLUSION AFFIDAVIT MWAJOW 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 patty making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, 6tganiiation, 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. PHILIP VEC4 Hotan Public • Cadrornia LOSAnjeles County � 111\ Commission; 34505a9 y Comm. Ezplres May 37, 2028 r Subscribed and sworn before me This 21sT dargf 09TOBER Notary Pub and for the State o ifornia My Commission Expires: 05/31/2026 1p� Title Vt5� C'*Y-rPAZT m 1 Bidder M Atj"6m�e- 20 24 (Seal) RAMSA Construction, INC. CITY OF ROSEMEAD ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 SECTION -BID SCHEDULE CONTRACT BID FORMS RAMSA Construction, INC. REISSUED BASE BID SCHEDULE, PER ADDENDUM #2 SCHEDULE OF PRICES FOR ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Temporary Restroom Facilities - work shall include rental of two portable restrooms and two hand washing 1 stations. The contractor shall ensure that 1 LS $ 15 000.00 $ 15,000-00 the portable restrooms and hand washing stations are regularly maintained (cleaned and stocked) throughout the construction duration. Site Work: Demolition- Removal and disposal of toilet partitions, Interior 2 fixtures, walls, curbs, plumbing, pavement 1 LS $40000.00 $ 40 000 no (includes sawcut slab on grade, the (mortar base), electrical, incidentals per tans and specifications Concrete Foundation/ Slab: Construct 3 new slab and level floors as necessary, 1 LS $x,000 00 $3oo,noo oo incidentals per plans and specifications Interior Walls: Metal Stud framing — 6" @ 4 16" OC. Add Blocking/sheathing to chase 1 LS $_L5,000 00 $ 25,000.00 wall. Gypsum board to walls/ceilings. Incidentals per plans andspecifications 5 Roofing: Patch & Repair Roofing 1 LS $20,000.00 $20,000.00 6 Caulk and Sealants 1 LS $ 10 000.00 $10 000.00 Doors/Frames/Hardware: Metal gate, 7 Exterior lever hardware, hold open 1 LS $ 35,000.00 $_35,000 00 latches, kick plates, incidentals per plans andspecifications 8 Ceramic Tile — Base 1 LS $ 26.000.00 $ 26 000.00 9 Epoxy Flooring 1 LS $ 21,nnn nn $ 21 ono nn Palnt/Wall Covering: Power wash interior walls, paint to interior walls & ceiling. FRP 10 Wall Paneling, skim coat on CMU Walls, 1 LS $ 27,000.00 $ 27 000.00 Graffiti Resistance Coating, incidentals per plans ands ecifications Toilet Accessories: Toilet partitions — 11 ADA- solid plastic, Toilet Partitions — Solid 1 LS $ 25,000.00 $ 25,000.00 Plastic, Urinal Partitions — Solid Plastic, Grab bars, Toilet Paper Dispensers — CBF -2 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Vandal Resistant, Seat Cover Dispensers —Vandal Resistant, Soap Dispensers— Vandal Resistant, Mirrors with Graffiti Protection Film, Electric Hand Dryers, incidentals per plans and specifications Misc. Specialties: Door signage, ADA 12 Striping at Parking Lot, incidentals per 1 LS $ 15.000.00 $ 15 000.00 plans and specifications Plumbing: Water Closets, add Water Closet, Lavatories, Urinals, Trap Primers with access panels, Water Hammer 13 Arrestors, Sewer Lateral Replacement, Flush and Inspect to street, Floor Drains, 1 LS $—:40--000 00 $40,000.00 Rough in @ fixtures, Rough in to fixtures at new locations, incidentals per plans and sioecifications HVAC: Exhaust Fans, Roof Penetrations 14 and Flashings, G. 1. Duct Work — Round, 1 LS $ 41,000.00 $ 41,000.00 incidentals per plans andspecifications Electrical Systems: Lighting: (1x4) Surf Mt — Vandal Resistant — Integ OCC Sensors 15 —43 W LED, Exit Sign/Bud Eye Combo w/ batt. Backup -5W LED, Occupancy 1 LS $ 30,000.00 $ 30,000.00 Sensors, incidentals per plans and specifications Electrical Systems: Power: J -Boxes, 16 Motor Connections, Conduit and Wire, 1 LS $ 30 000.00 $ 30 000.00 incidentals per plans and specifications TOTAL BASE BID AMOUNT IN NUMBERS $ 430,000 00 TOTAL BASE BID AMOUNT IN WORDS: Four Hundred and Thirty Thousand Dollars ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER 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 -176 Part 'D" Appendix Appendix A — Project Plans CBF -3 BIDDER: RAMSA Construction, INC. Appendix B — Project Cut Sheets and Project Manual 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 Rosemead Park Restroom Renovation Adjacent to Aquatic Center, Project No. 41026. 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 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 NA Dollars ($ NA ) 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 Bidder's California contractor's license(s) in good standing; (2) X--3=! BIDDER: RAMSA Construction, INC. 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 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 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: 10/10/2024 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. #1 Dated Oct 15, 2024 Addendum No. #2 Addendum Addendum No. Dated Oct 16,2024 Dated CBF -5 BIDDER: RAMSA Construction, 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. BIDDER: RAMSA Construction, 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 -7 IS Mehdi Sadat Akhavi Type or Print Name CEO / President Title BIDDER: RAMSA Construction, INC. 14014 Moorpark St, Business Street Address Sherman Oaks CA 91423 City, State and Zip Code (818) 274 2455 Telephone Number Bidder's/Contractor's State of Incorporation: California - 14014 Moorpark St, #320 Sherman Oaks CA 91423 Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: CSLB # 1107423 PW -LR -1001112185 I) 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. RAMSA Construction, INC. SECTION 2 BID DATA FORMS RAMSA Construction, INC. 2.11 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 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 - 11 RAMSA Construction, INC. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work HVAC of Subcontractor to be Subcontracted Name: f RP Constructinn Development Inc Address: License No.: # 604931 Department of Industrial Relation Registration No. #1000001078 Name and Location Description of Work of Subcontractor to be Subcontracted Electrical Name: KOCHOONIAN NJDEH License No.: # 1058164 Department of Industrial Relation Registration No. #1001192727 Name and Location of Subcontractor Name: Dale Plumbing Address: License No.: 918082 Description of Work to be Subcontracted Plumbing Department of Industrial Relation Registration No. 1000019112 Name and Location of Subcontractor Description of Work to be Subcontracted License No.: Department of Industrial Relation Registration Name and Location of Subcontractor Name: Address:_ License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration No. CBF -12 BIDDER: RAMSA Construction, Inc 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. Los Angeles Community College -SLAC - REPLACE PLAYGROUND EQIPMENT Name and Address of Owner 1301 Avenida Cesar Chavez, Monterey Park CA 91754 Project Manager - Christopher Griffin - Name and telephone number of person familia 6585812 with project $583,434.52 Grading, Storm Drain, Install structure Playground & Rubber Matt 09/20/2024 Contract amount Type of Work Date Completed 2. Long Beach Unified School District - ESSER Shade Structure Ph 4 at 6 CDC District Sites Name and Address of Owner 2425 Webster Ave. Long Beach CA 90810 Project Manager - Adam LaFreniere (562) 756 - 8317 Name and telephone number of person familiar with project $ 843,000.00 Install 6 Shade Structure, Grading, Asphalt, Drinking Fountain, Restroom -08/30/2024 Contract amount Type of Work Date Completed 3. LAUSD - Palisades Charter High School -15777 Bowdoin St, Pacific Palisades, CA 90272 Name and Address of Owner Project Manager - Gus Kamoei - (310) 486 8201 Name and telephone number of person familiar with project $389,000.00 Reinforcement Structure steel 10/15/2023 Contract amount Type of Work Date Completed CBF -13 BIDDER: RAMSA Construction, INC. 4. ESSER SHADE STRUCTURE AT DOOLEY & OROPEZA ELEMENTARY SCHOOLS (PHASE 3A) Name and Address of Owner 2425 Webster Ave. Long Beach CA 90810 Project Manager - Saliba Toro - (714) 512 - 4721 Name and telephone number of person familiar with project $ 336,000.00 Install Drinking Fountain, Stripping, Shade Structure - In progress Contract amount Type of Work Date Completed CBF -14 BIDDER: RAMSA Construction, INC. SECTION 3 NON-COLL USIONAFFIDAVIT CBF -15 Bond No. CSBA-28770 BIDDER: Ramsa Construction, 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 Ramsa Construction, Inc as Principal, and Merchants Bonding Company (Mutual) as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Amount Bid ($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 required for the i OsEIVIEAD PARK E1�TER PRtj;IT —as set forth in the Notice accompanying Bid Documents, dated October 23rd, 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 21st day of October , 2024 Ramsa Constr Cfion, c (SEAL) Merchants Bonding Company (Mutual)(SEQQL), ` Principal Surety By. By. S re Meh 5Q x,t pl?h4t✓l Signature Frank Morones, Attorney -in -Fact CBF -10 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 10/21/2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Frank Morones who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. MElU AANNVACCARO y M COMM, #2401942 Notary Public -California Cc u ORANGE COUNTY n `���My Comm. Expires May 12,2026K Signature) ' \ `Q�`4Y" �r C%�L�, (Seal) Melissa Ann Vaccaro Bond No. CSBA-28770 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companiesl do hereby make, constitute and appoint, individually, Adrian Langrell; Arturo Ayala; Ben Stong; Benjamin Wolfe; Chelsea Liberatore; Daniel Huckabay; Dwight Reilly; Frank Morons; Michael D Stong; R Nappl; Shaunna Rozelle Ostrom their true and lawful Attorney(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Dlrectors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Cediflcatlon thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out hority, hereby given to the Attorney -In -Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of Its obligations under Its bond. In connection with obllgations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the ABomey-In-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 30th day of July , 2024 lG Ca?%. (MUTUAL) MERCHANTS NATIONAL BONDING, INC. 40y'•.9". d/b/a MERCHANTS ATIONAL INDEMNITY COMPANY 1933 : c; By _'Cy! -w�.... ....fir.+v --yjy......: •`.k0� President STATE OF IOWA •pi+++{7 of++s+' 'e•�•,,•' COUNTY OF DALLAS as. On this 30th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly mom did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate Seals of the Companies; and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 1?4 imp Perini Miller --� z commission Number 787952 • My Commission Expires ICWA January20 2027 ... _. ., . . .. Notary Public 1, Elisabeth Sandersfeid, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING; INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which It still' in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 21st day of Octobei ,2024: , .�fo . .........1T. �'_,•2 yt: ......... O . pN0 CQ` o,.p• jAP0,j4•%OOPOA9tt: +'2i�•' > v.es •y-2 end POA 0018 (6/24) Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 n \\ ) Countyof La -s Nl..08 eSS ) / On —Z Z."'�.o2M-� beforeme)SO.G(- (Me te personally appeared Ham ed 1 ' ei o,,Aa and Title of the Name(s) of Signer(s) Iu%bft who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -�•_ I AAC GERARDO AVILA a Comm. No. 2474933 0 U NOTARYPUSLIC- CALIFORNIA o LOS ANGELES COUNTY My Comm. Exp.0EC.4, 2027 , I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my tWnd and official seal. Signature _.�l I/ Signature of Notary Public Place Notary Sal 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 Do um nt ([� q Title or Type of Document: tr BOry Document Date: Number of Pages:---' Signer(s) Other Than Named Above: _JFrcli+k oroh¢ y Capacity(les) Claimed by Signer(s) igner's Name: 'i orate Officer — Title(s): 11Partn ❑ Limited ❑ General ❑ Individual Attorney in Fact ❑ Trustee ❑ dian or Conservator ❑ Other: Signer Is Representing: Skjne,rs Name: ❑ Corp Officer — ❑ Partner — mited ❑ Individual ❑ Trustee ❑ G ❑ Other: Signer Is Representing: Title(s): ❑ General orneyin Fact us ' nor Conservator BIDDER: RAMSA Construction, INC. NON -COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being fust 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. Subscribed and sworn before me This _ day of Notary Public in and for the State of California My Commission Expires: o� GUZ Mehdi Sadat Akhavi Typed or Printed Name CEO Title Mehdi Sadat Akhavi Bidder 20_ (Seal) See Attachment for California Notary CBF -16 CALIFORNIA.. 823 -J44See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 Lfas ISAAC GERARDO A)/ILA Comm. No, 2474933 0M NOTARY PUBLIC - CALIFORNIA O U LOS ANGELES COUNTY My Comm. Exp. DEC. 4, 2027 Subscribed and sworn to (or affirmed) before me on this ?-2" day of G a)c�r 20 M 1 . b Date Month Year (and (2) Name(s) of Signer(s) proved to me on the basis to be the person(s) who Signature Seal Place Notary Seal Above OPTIONAL of satisfactory evidence appeared before me. Signature of Notary Public 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 R(� Title or Type of Document: 40\n-CO\hS\b� RJ\1(ml\� Document Date: Number of Pages: Signer(s) Other Than Named Above: APPENDIX C - 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 F -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: RAMSA Construction, INC. Date: 10/21/2024 By, Mehdi SOhavi - CEO Name arldTitlej6f Authorized Representative of Autholxfed Representative Page: APPENDIX F -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 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 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, 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 fitted "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 F -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: Date: 10/21/2024 RAMSA Construction, INC. Name and TAe of AlAhorized Representative Signature Page: APPENDIX F -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 NA ❑ a. bid/offer/application NA ❑ a. initial NA 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 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, NA Enter Name and Address of Prime: Prime F1 Subawardee Tier if known NA Congressional District, if known: Congressional District, if known: _ 6. Federal Department/Agency: 7. Federal Program Name/Description: M 8. Federal Action Number, if known: NA 10.a. Name and Address of Lobby Registrant (If individual, last time, first name, MI) ME CFDA Number, if applicable 9. Award Amount, if known: $ NA 10.b. Individuals Performing Services (including address if different from No. 10) (last time, first time, MI) Federal Use Only: Authorized for Local Reproduction Standard Form — LLL (Rev. 7-97) Page: APPENDIX F -Certifications for Federal -Aid Contracts.5 e (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 PrimN e: Mehdi Sadat Akhavi representation 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 / CEO pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person ($18) 274 245510/21/24 who fails to file the required disclosure shall be Telephone No.: Date: 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 F -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 (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 F -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 F -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 (ARRA), 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 https://www.ecfr.qov/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, 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 attirmative 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 F -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 F -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-Lobbvinc 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 7401-76710.) 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 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. Richt 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 F -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 "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. 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 F -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, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (COSS 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 F -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 F -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 20th 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 F -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 at 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 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 F -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." 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 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 et 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 F -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 F -Certifications for Federal -Aid Contracts.17 BIDDER: stallmrth canstmcUan and management corp CITY OF ROSEMEAD ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 SECTION 1- BID SCHEDULE CONTRACT BID FORMS CBF -1 mon slallwarth construction and management carp REISSUED BASE BID SCHEDULE, PER ADDENDUM #2 SCHEDULE OF PRICES FOR ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER PROJECT No. 41026 NO. ITEM DESCRIPTION EST. QTY, UNIT UNIT PRICE ITEM COST Temporary Restroom Facilities - work shall include rental of two portable restrooms and two hand washing The shall ensure that ���> ow 1 stations. contractor 1 LS $ $ the portable restrooms and hand washing stations are regularly maintained (cleaned and stocked) throughout the construction duration. Site Work: Demolition- Removal and disposal of toilet partitions, Interior fixtures, walls, curbs, plumbing, pavement 6�U 2 1 LS $A/ $ (includes sawcut slab on grade, tile (mortar base), electrical, incidentals per tans andspecifications Concrete Foundation/ Slab: Construct 3 new slab and level floors as necessary, 1 LS $$ M2- JZ 7 incidentals per plans and specifications 4 Interior Walls: Metal Stud framing — 6" @ 16" OC. Add Blocking/sheathing to chase 1 LS $O000 $ U Uii wall. Gypsum board to walls/ceilings. Incidentals per plans andspecifications 5 Roofing: Patch & Repair Roofing 1 LS $ CJq)L) 6 Caulk and Sealants 1 LS $ to L) $UoU Doors/Frames/Hardware: Metal gate, Exterior lever hardware, hold open 1 LS / $ / / $ () �Q(l T latches, kick plates, incidentals per plans and s acifications 8 Ceramic Tile — Base 1 LS $ t600 9 Epoxy Flooring 1 LS $ Syi�Oy $ QOv Paint/Wall Covering: Power wash interior walls, paint to interior walls & ceiling. FRP f 10 Wall Paneling, skim coat on CMU Walls, 1 LS Graffiti Resistance Coating, incidentals per plans andspecifications 11 Toilet Accessories: Toilet partitions — ADA- solid plastic, Toilet Partitions — Solid 1 LS $� $ 22 Plastic, Urinal Partitions — Solid Plastic, Grab bars, Toilet Paper Dispensers — CBF -2 BIDDER: stddh constrdian and management corp NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Vandal Resistant, Seat Cover Dispensers —Vandal Resistant, Soap Dispensers— Vandal Resistant, Mirrors with Graffiti Protection Film, Electric Hand Dryers, %00� C/'�L, incidentals Der plans and specifications / Misc. Specialties: Door signage, ADA 12 Striping at Parking Lot, incidentals per 1 LS $ plans and specifications Plumbing: Water Closets, add Water Closet, Lavatories, Urinals, Trap Primers with access panels, Water Hammer Arrestors, Sewer Lateral Replacement, f/ \ 13 1 LS $ Flush and Inspect to street, Floor Drains, Rough in Q fixtures, Rough in to fixtures at new locations, incidentals per plans and specifications HVAC: Exhaust Fans, Roof Penetrations // S OUB 14 and Flashings, G.I. Duct Work — Round, 1 LS $ J $ 1 incidentals per plans and specifications Electrical Systems: Lighting: (1x4) Surf Mt —Vandal Resistant— Integ OCC Sensors — 43 W LED, Exit Sign/Bud Eye Combo w/ 15 1 LS$� $ batt. Backup -5W LED, Occupancy Sensors, incidentals per plans and s ecifications Electrical Systems: Power: J -Boxes, 16 Motor Connections, Conduit and Wire, 1 LS incidentals per plans and specifications I TOTAL BASE BID AMOUNT IN NUMBERS $ 6 J TOTAL BASE BID AMOUNT IN WORDS: yo(Al- A,,1tY1,/ 1,4*X sv ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQUATIC CENTER 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 -176 Part "D" Appendix Appendix A — Project Plans CBF -3 STALLWORTH CONSTRUCTION AND MANAGEMENT CORP r:1ra.» 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 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 Dollars ($ ) 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 wilt 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 CBF -4 STALLWORTH CONSTRUCTION ANO MANAGEMENT CORP 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 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. SHOLANORIC STALLWORTH Name of Person who inspected the site: 10/10/2024 Date of Inspection: ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No 10/15/2024 Dated Addendum No. Dated 10116/2024 Addendum Addendum CBF -5 BIDDER: STALLWORTH CONSTRUCTION AND MANAGEMENT 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 _ 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 v If the answer is yes, explain the circumstances in the following space. CBF -6 STALLWORTH CONSTRUCTION AND MANAGEMENT CORP 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 -7 By: l Signature SHOLANDRIC STALLWORTH Type or Print Name PRESIDENT Title STALLWORTH CONSTRUCTION AND MANAGEMENT CORP BIDDER: 37651 47TH STREET EAST STE A7 #210 Business Street Address PALMDALE CA 93552 State and Zip Code 888-312-8453 Telephone Number Bidder'slContractoes State of Incorporation: CALIFORNIA Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: 1066776 1000616682 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 -8 STAILWORTM CONSTRUCTION AND MANAGEMENT CORP BIDDER: SECTION 1 BID DATA FORMS BIDDER: Stallworth Construction and Management Corp 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 Stallworth Construction and Ms as Principal, and Contractors Bonding & I as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Amount Bid ($ 10% of amount 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 ROSEMEAD PARK RESTROOM RENOVATION ADJACENT TO AQIATIC CENTER PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated October 23, 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 furnishcs 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 /J day of October 2024 . Stallworth Construction and Management Corp (SEAL) Contractors Bonding & insurance Company (SEAL) Principal Surety By: By: �U k i r Signature Signa nce. Ahorney-in-faci CBF - 10 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Knew All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Tracey Lawrence Phillin Lawrence Paiie Lawrence jointly severally ,o _,�'tty UL rc verstde state of California its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed 'twenty Five Million Dollars ( S25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such comoration. and is now in forcetn_wit- 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, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer 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." IN WIINESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 22nd day of May 2023 . U � e S R F T Stale of Illinois .1,E a4s County of Peoria } SS On this , 22nd day ofMay . 2023 -, before me, a Notary Public, personally appeared Barton W Davis who being by me duly swom, aclmowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company end acknowledged said instrument to be the voluntary act and deed of said corporation. By: �• �,2.�ptt,l Catherine D. Geiger 9Notary Public CATHERINE D. GEIGER OFFICIALSEAL RV Notary Public - state of nawis My Oammw05,202Ission 6 Decemtxx06, 2026 RLI Insurance Company Contractors Bonding and Insurance Company Banos W. Davis Vice President CERTIFICATE 1, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and funhermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Comp qy and/or Con actors Bonding aqd Insurance Company this PA day of c e/ RLI Insurance Company T Contractors Bonding and Insurance Company By _�ij Q + Jetirey Ic � Corporate Secretary "86HUNW12 A0058D19 No. 3000-7 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code ofthe Slate ofCal fornia, COMM00m Bonding and Insurance Company oflllinots, organized under the Immni'll/twis, subivi iadMdesoflncorporolionarolherfindomenm! organizational documents, is hereby auihorliedtotransact within thtaSmte, sub/eerroaltprovrsionsajrlds Certificate, theAllawing classes of iwurarwx Fire, Marine. Snrety, Plate Choc, Liability, Boiler end Maeldnery, Burglary, Sprinkler, Team and Vebade, Automobile, Legal, and Mbcellaneous as such classes are ad or may hereafter be defined in the /wuraue Laws of the Stole ofCalffornto THIS CERTIFICATE is expressly conditioned upon the holder herwfww and hereafter being in full rompllance with all, and not in violation ofany, afthe applicable law, awl lawful requirements made undermahortryofthe lows ofihe StateofCalifarnia as longassuch laws Orr eynirememsare in efjectand Mpllcuble, and assuch laws and requiremeMx now are, or m,ryhereafler be changed or amended IN WITNESS WHEREOF, effective as of the 2e day of March, 201S, I have hereunto set my hand andcaused my ofctal seal to be gpaedthis 20' doyafMrmh, 1015. Dave lance fnrvmiwe Cw Wg. BY Valerie Sarfaty for Nctlic Hoge Chnfaepuler NOTICE. (ihMifi<Mion with the st wW,ofeme moa be AMMIiehed M iegeittd by an Cdifmvie Corponine Code levoptlr orw ImunAe of WsCmlftt eenofAWJW . FMlurcndowwdl6eevblMlmafiroiaseceCodsseaian]01 end will Degmmdefpr w" %4 Ceampte efAu Nth, pun,/ w the cove,¢ male in the eppngelan Tharcfa end the Condbimn celdeltlld noWn. 990,57801 BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS STALLWORTH CONSTRUCTION AND MANAGEMENT CORP In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of I percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion 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 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 -11 STALLWORTH CONSTRUCTION AND MANAGEMENT CORP BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work PARTITIONS of Subcontractor to be Subcontracted Name: PENNER PARTITIONS INC Address: 3501 e LA PALMA AVENUE ANAHEIM CALIFORNIA 92806 License No.: 924223 Department of Industrial Relation Registration No Name and Location of Subcontractor YAZ CONSTRUCTION INC Name: Address: 643 PALISADES DR PACIFIC PALISAOES CA 90272 License No.:+062498 Description of Work PLUMBING to be Subcontracted Department of Industrial Relation Registration No, 2000004699 Name and Location Description of Work drywall of Subcontractor to be Subcontracted Name: 3humlH Drywall, Inc Address: 2201 Caballeros Rd NORCO CA License No.: Department of Industrial Relation Registration No. 1990061616 Name and Location Description of Work Parking stripe of Subcontractor to be Subcontracted Name: abc remurces A AA,.,,.1527 w state sl ontano ca 91762 License No.: 538680 Department of Industrial Relation Registration No. 1000001668 Name and Location Description of Work electrical of Subcontractor to be Subcontracted Name: stay wridedelectricinc A A d, ,. 4736 mango court riverside ca 92504 License NO.: 102176 Department of industrial Relation Registration No. 1001192386 CBF -12 STALLWORTN CONSTRUCTION AND MANAGEMENT CORP 2.11 LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location Description of Work epoxy of Subcontractor to be Subcontracted Name: diamond crate concrete coatings inc Address: 671 a cooley drive 117 cotton ca License No.: 1067348 Department of Industrial Relation Registration No.1000701616 Name and Location of Subcontractor Description of Work frp panel to be Subcontracted Name: brett bender walicovering inc Address: 10722 arrow route ste #806 rancho Cucamonga License No.: 574362 Department of Industrial Relation Registration No. 1000050158 Name and Location Description of Work demo of Subcontractor to be Subcontracted Name: demolition specialist inc Address: 1712 via sevilla corona ca 92881 License No.: 936886 Department of Industrial Relation Registration No. 1000002162 Name and Location of Subcontractor Address: 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. CBF -12 STALLWORTH CONSTRUCTION AND MANAGEMENT CORP BIDDER: __.. 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: I mountain view school district 11111 thlenes ave south el monle ca 91733 Name and Address of Owner left truschel 626-652-4791 Name and telephone number of person familiar with project $132,732 epoxy flooring 01/09/2024 Contract amount Type of Work Date Completed 2. riverside community college district 16130 lasselle at moreno valley ca 92551 Name and Address of Owner ron kirkpatrick 951 571 6113 Name and telephone number of person familiar with project $375,000 sliding door replacements 02.28.2023 Contract amount Type of Work Date Completed 3• San Bernardino city unified school district 1451 n California at San Bernardino ca 92411 Name and Address of Owner nellie karbum 909-388-6100 Name and telephone number of person familiar with project $104,000 classroom remodel 11/10/2023 Contract amount Type of Work Date Completed CBF -13 STALLWORTH CONSTRUCTION AND MANAGEMENT CORP BIDDER: 4. fontene unified school district 9680 citrus eve fontana ca 92335 Name and Address of Owner jason 909.357.7525 Name and telephone number of person familiar with project $325,000 tennis court resurfacing 10/22/2024 Contract amount Type of Work Date Completed CBF - 14 STALLWORTM CONSTRUCTION AND MANAGEMENT CORP :41717.4 0 SECTION 3 NON-COLL USION AFFIDAVIT CBF -15 STALLWORTH CONSTRUCTION AND MANAGEMENT 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. _'7 Signature SHOLANDRIC STALLWORTH Typed or Printed Name PRESIDENT Title STALLWORTH CONSTRUCTION AND MANAGEMENT CORP Bidder Subscribed and swom before me This _ day of 20 Notary Public in and for the State of California My Commission Expires: CBF -16 (Seal) 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 F -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 Vil 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: 11/6/24 Bridgerock Construction Inc. 0 Austin Henig Name and Title of Authorized Representative A2Z Signature of Authorized Representative Page: APPENDIX F -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 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 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, 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 F -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: Date: 11/6/24 Bridgerock Construction Inc. M Austin Henig Name and Title of Authorized Representative /1� Signature of Authorized Representative Page: APPENDIX F -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 c. post -award made or entered into. This disclosure is required d. loan For Material Change Only: e. loan guarantee Telephone No.: Date: 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: 0 Prime ❑ Subawardee Tier. if known Congressional District, if known: Congressional District, if known: _ 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: 10.a. Name and Address of Lobby Registrant (If individual, last name, first name, MI) 10.b. Individuals Performing Services (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) it. 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: representation of fact upon which reliance was placed by the tier above when his transaction was - made or entered into. This disclosure is required Title: 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.: Date: 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 F -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, subgrams, 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 F -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 F -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 https://www.ecfr.gov/current/title-2/subtitle- A/chaoter-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. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor 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 F -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: (1) 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 F -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 7401-7671 g.) 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 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sectionsl251- 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 et 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 F -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. 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. 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 F -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 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 F -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 F -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. 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 ARRA 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 20th 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 F -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 at 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 F -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 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 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 F -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 F -Certifications for Federal -Aid Contracts. 17