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2100 - Western States Roofing, Inc. - Garvey Gym RoofingThis page is part of your document - DO NOT DISCARD - °s.4 20230822171 `�� � �"�= IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII f i Recorded/Filed in Official Records At t Recorder's Office, Los Angeles County, California 11/28/23 AT 01:44PM Pages:0004 LEADSHEET III IN 111111111111111111111111111111111111 202311282820038 00023994779 IIIIII IIIII IIIII VIII VIII IIIII IIIII VIII VIII IIII IIII 014409741 SEQ: 01 DAR - Mail (Intake) IIIIII IIIII IIIII IIIIII IIIII IIII IIIII IIIIII III 1111111 IIII IIIII IIIII IIII IIIIII IIIIII IIII IIIIII III IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII THIS FORM IS NOT TO BE DUPLICATED FEES: 0.00 RECEIVED TAXES: 0.00 CIrYOFROSEMEAD oTBEx: 0.00 DEC 04 2023 PAID: 0.00 CITY CLERK'S OFFICE By: LEADSHEET III IN 111111111111111111111111111111111111 202311282820038 00023994779 IIIIII IIIII IIIII VIII VIII IIIII IIIII VIII VIII IIII IIII 014409741 SEQ: 01 DAR - Mail (Intake) IIIIII IIIII IIIII IIIIII IIIII IIII IIIII IIIIII III 1111111 IIII IIIII IIIII IIII IIIIII IIIIII IIII IIIIII III IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII THIS FORM IS NOT TO BE DUPLICATED RECORDING REQUESTED BY CITY QF ROSEMEAD AND WHEN RECORDED MAIL TO: Name City of Rosemead Street Address 8838 E. Valley Blvd. City & State Rosemead, CA 91770 ATTN: CITY CLERK 23994779 111111111111111111111111111111111111111111 Batch Number: 14409741 IIIIIIIIIIIIIIIIIIIIIIIII VIII IIIIIIIIIIIIIIII SPACE ABOVE THIS LINE FOR RECORDER'S USE Notice of Completion Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is: 3. The full address of the undersigned is City of Rosemead 8838 E. Valley Blvd., Rosemead, CA 91770 4. The nature of the title of the undersigned is: In fee (If other than fee, strike "In fee" and insert, for example, "purchaser under contract of purc ase", or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned are: Names Addresses N/A N/A 6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Names Addresses N/A N/A Jif no transfer made, insert, "none". 7. A work of improvement on the property hereinafter described was completed on: October 23, 2023 8. The name of the contractor, if any for such work of improvement was: Western States Roofing, Inc. 9. The property on which said work of improvement was completed is in the City of Rosemead County of Los Angeles , State of California, and is described as follows: Garvey Park Office Building & Gymnasium Reroofing Project No. 39006 10. The street address of said property is: 7933 Emerson PI, Rosemead, CA 91770 no street address has been officially assigne , insert "none" Signature of owner named Dated: 4-) in paragraph 2: Nan (Nova) Wang Director of Public Works By: City of Rosemead I certify (or declare) under penalty of perjury that the foregoing is true and correct. I d / d6 t1Q,). Date Rosemead, CA Place of Execution An (Noya) Wang Director of Public Works City of Rosemead, California CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 19 �W On before me, ►�+`� ' ^"� `""�I�G Date . ` f `Here Insert Name and Title of the Zfficer personally appeared who proved to me on the basis of satisfactory evidence to be the person 'whose nam4iislere subscribed to the within instrument and acknowledged to me that kelsheA4e9exec ed the same in *Wherk4eir authorized capacity(, and that by,4"herAlgeirsignature(� on the instrument the person}, or the entity upon behalf of which the person(syacted, executed the insfrument. 41 NATALIE HAWORTH Notary Public - California e Los Angeles County 9 Commission Y 2427955 My Comm. Expires Dec 20, 2026 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 /1A1b& 4{.t ft k Signatur4af Notary Public Completing this information can deter alteration of the document or fraudulent reattachment off this for to an unintended document. a �j Description of Attached Dof m t IOW Title or Type of Document: zr Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): ❑ Partner — ❑ Limited D General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: 53 Signer's Name: D Corporate Officer — Title(s): _ ❑ Partner— D Limited ❑ General ❑ Individual D Trustee ❑ Other: Signer is Representing: D Attorney in Fact ❑ Guardian or Conservator S I M f C2 56 01 p 9 47Aff �o /NC�ORAiED X959 CONSTRUCTION CONTRACT GARVEY PARK OFFICE BUILDING & GYMNASIUM REROOFING PROJECT (WESTERN STATES ROOFING, INC.) PARTIES AND DATE This Contract is made and entered into this 10'h day of January, 2023 (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 Western States Roofing, Inc. with its principal place of business at 18605 Parthenia St., Northridge, CA 91324 (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 Garvey Park Office Building & Gymnasium Reroofing Project 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 Western States Roofing, Inc. Page 2 of 11 herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to January 10, 2024 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the City Manager, Ben Kim, or his designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Preston Reeves, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Western States Roofing, Inc. Page 3 of 11 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 Western States Roofing, Inc. Page 4 of 11 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 Western States Roofing, Inc. Page 5 of 11 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:VI I I 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 Three Hundred Thirty -Four Thousand Eight Hundred Eighty Dollars ($334,880.00) 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 Western States Roofing, Inc. Page 6 of 11 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: Western States Roofing, Inc. 18605 Parthenia Street Northridge, CA 91324 Attn: Preston Reeves Tel: (818) 718-0770 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. Western States Roofing, 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 Western States Roofing, 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. Western States Roofing, Inc. Page 9 of 11 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] Western States Roofing, Inc. Page 10 of 11 CITY OF ROSEMEAD Ben Kim, CityXanager Date Attest: 1111hb2A Ericka HernancfeYCity Clerk I Date Approved as to Form: WESTERN STATES 7 FING, INC. By:d Sig ure Dat Title: &'e3/L)L-=�l [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] 'Rachel Richman, City Attorney Date Name:, Title: V '/ MAYOR: SmwNLY MAYOR PRO TEM: MARGARET CLARK COUNCIL MEMBERS: SANDRA AAME A SEAN DANG PGLLY Low November 16, 2023 Los Angeles County Registrar Recorder/County Clerk 12400 Imperial Highway Norwalk, CA 90650 City of 9?,psemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 569-2303 Re: City of Rosemead — No Charge Recording of Notice of Completion Dear Recording Division, Enclosed is (1) Original Notice of Completions for a no charge recording. The project that was completed was the: 1) Garvey Park Office Building & Gymnasium Reroofing Project No. 39006 If you have any questions, please do not hesitate to call me at (626) 569-2117. Sincerely, �CL+tc2G /I/G�� Daniel Nguyen Administrative Assistant 0 p OD O m Z c c D m v� OD m D ym { o m A VO oro s n r m Western States Roofing, Inc. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL BIDDER' 0 f CITY OF ROSEMEAD GARVEY PARK OFFICE BUILDING & GYMNASIUM BUILDING REROOFING PROJECT No. 39006 SECTION 1 -BID SCHEDULE CONTRACT BID FORMS CBF -1 REVISED BASE BID SCHEDULE PER ADDENDUM NO. I SCHEDULE OF PRICES FOR GARVEY PARK OFFICE BUILDING & GYMNASIUM BUILDING REROOFING PROJECT No. 39006 NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE ITEM COST Garvey Office Building - Pre -Demolition Haz- Mat Abatement, including all necessary relevant work, and notices and processing through �I AQMD and other required Agencies. For $ /r` / $ C I abatement scope of work and requirements, 1 LS see Appendix A and B (Asbestos and Lead - Based Paint Inspection Reports). Reroof existing Office Building, see Technical Provisions for work details. Garvey Gymnasium Building - Pre -Demolition Haz-Mat Abatement, including all necessary relevant work, and notices and processing U` , , through AQMD and other required Agencies. ` % % 3 oo1 2 For abatement scope of work and requirements, 1 LS $: , $ z see Appendix A and B (Asbestos and Lead - Based Paint Inspection Reports). Reroof existing Gymnasium Building, see Technical Provisions for work details. Garvey Office Building - Repair underlayment as needed prior to roofing. This bid item may be 66 increased or reduced at the discretion of the $ iL 3 City. The provisions of Sections 3-2.2.2 and 3- 550 SF $_ 2.2.3 of the Greenbook governing increases or decreases in quantity of more than 25% shall not appIv to this item. TOTAL BASE BID AMOUNT IN NUMBERS $• TOTAL BASE BID AMOUNT IN WORDS: CBF -2 BIDDER: The award of Contract shall be based on the TOTAL BASE BID AMOUNT only. In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govem over figures. Full compensation for the items listed to the right as Items A, B, C, D and E are considered theinclusive in each Bid Item listed above in e Base Bid Schedule and Additive Alternate Bid Schedule as applicable, and no additional and/or separate compensation will be allowed. A. Mobilization / Demobilization B. Traffic Control C. NPDES, WWECP, and Best Management Practices (BMPs), Public Convenience and Safety SD. Construction Staking b Land Surveyor E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be in the bid prices. -included A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contact will be based upon the actual quantities of work satisfactorily completed. The undersigned agrees that these Contract Bid Forms constitute a firth 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 Contact, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF -3 BIDDER: The undersigned 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 he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) per calendar day if project is not completed within the working days 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. CBF -4 I / BIDDER: ) 1 kJ n o - EXAMINATION OF SPECIFICATIONS AND SITE OF WORI{ 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: l k--W-A (f )61 k 0 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included then provisions in this Proposal: Addendum No. Dated /, �V o Addendum No. Dated Addendum No. Dated Addendum No. Dated CBF -5 BIDDER: �(L'�if.'h �1 Flo 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 vi' 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. r BIDDER: 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 a � Signature iii<'c:��✓ � ��t� t�3��rl�s Type or Print Name i_)/�Ems:Qi//fie-7�; .. Title BIDDER:%�(jl—)/` J/i..l,l - / I C_' i Business Street Address City, State and 4 Coe ` o' -YO //(� 0 zn", Telephone Number Bidder's/Contractor's State of Incorporation: V_1 i '!I -'I % ) � rt. - Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relation Registered No. NOTES: / OGt%C' , l; /&)) 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contact 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. Elam BIDDER: SECTION Z BID DATA FORMS y Alwo BIDDER: Western States Roofing, 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 Western States Roofing Inc , as Principal, and SureTec 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 GARVEY PARI{ OFFICE BUILDING & GYMNASIUM BUILDING REROOFING as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated December 13 2022 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 8th day of December 2022 Western States Roo ncl Inc. (SEAL) SureTec Insurance oomoanv_ (SEAL) Principally .Surety Signature Signature Beth Kolpien, Attorney -in -Fact CBF -10 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 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On December 8. 2022 before me Dvlan Parker Notary Public personally appeared Beth Kolpien , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) 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/thetr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OYUN RARlk Notary R°blic - Cai'omla Commissian,2C8a86) Seal My Comm. Es°Ires hov CO X25 Signatures (Seal) POAU 510005 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having Its principal office In the County of Harris, Texas and Markel Insurance Company (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: George A. DeCristo, Shannon Lopez, Beth Kolpien, Epi Carter, Samantha Orf 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 anyone such Instrument executed hereunder shall not exceed the sum of: Fifty Million and 001100 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, Senior Vice President, Vice President, Assistant Vice President, Secretary, 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 maybe 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 maybe, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Market 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 nu day of Mara ,zozo. SureTec Insurance Company By if Michael C. Kehulg, President Commonwealth of Virginia County of Henrico SS: (,7— RANO c`p� Hr,, Markel lnsura ce Company ..,Co6 9 - SEAL ac 1 y/ g '�'r''•2 �.'� By. i7a ft in Russo, Senior Vice President On this imp day of My h . 2om A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me 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 swam, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding Instrument are the Corporate Seals of said -Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument bythe authorityand 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. _,less urrh.. IN TESTIMONY WHEREOF, 1 have hereunto set my hand, and affixed ' My COMMISSION NUMBER 7083968 We, the undersigned Officers of SureTec Insurance Company and Market foregoing is a full, true and correct copy Is still in full force and effect and Henrico, the day and year first above written. Donna Donavant, Notary Public My commission expires 1/31/2023 OF ATTORNEY of which the IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 8th day of - December 2022 Sur eA.Iyl�Clst.�'t'�'e4crela Markel Insurance(C'ommppany BYBy: j)�M. ar Richard R. Grinnan, Vice President an ec ary Any Instrument Issued in excess of the penalty stated above Is totally void and without any validity. 510006 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. BIDDER: 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 nortion 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 sheets 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 i BIDDER: A;' 2.13 LIST 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 i, , Name: /���(�!1(�t�l'L �t,77"1iZ-L-�IG�YI Address: n �� 9h,0 - ._ l- ("14alue't. (16 License No.: 7)�>(1(n �- Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted License No.: Department of Industrial Relation Registration Name and Location of Subcontractor License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration Name and Location of Subcontractor Name: Description of Work to be Subcontracted. License No.: Department of Industrial Relation Registration Name and Location of Subcontractor Address:_ License No.: Description of Work to be Subcontracted Department of Industrial Relation Registration CBF -12 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: 1. Name and Address of Owner 2. i Name and telephone number of person familiar with project i Contract amount Type of Work Date Completed Name and Address of Owner ame and telephone number of person familiar with project Qr Contract amount Typ of -Work Date Completed Name and Address of Owner (J Name and telephone number of erson familiar with project amount Type CBF -13 N, Date Completed Name and,/kcldr, , s of Owner BIDDER: Name and telephone number of erson familiar with project Contract amount y P e of Worc Date Completed CBF -14 BIDDER: SECTION 3 TIO NON -LOLL USIONAFFIDAVIT CBF -15 BIDDER: �T— 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. Signature Typed or Printed Name 9 jt' l✓ a Title A f Bidder Subscribed and swom before me This day of 120_ Notary Public in and for the State of California My Commission Expires: CBF -16 (Seal) -SA NON -(()l I-USION AFFIDAVIT in accoudancc wilh Pliblir ('unlracf Nude Section 71()0, Ilse undersigned, bein)r firs( duly sworn, depo.cs ,,nil sa s Ih,u Ilk' or tilts holds the position listed below with the hidllcr, file Party makint, (Ilk, Iilu,ltoirlg 6141, that (he bi(1 is not made in du interest of, or on behalf of, any undisclosrd I,rrsnn, lrntnrrshil,, company, association, organization, or corporation; that the bid 1� ecnuute and not collusive or sham; that file bidder has not directly or indire, III induced In >olicited any other bidder to put in a false or sham bid. and has not dilc,k I\ IT i,,dnreale colluded, conspired, connived, or agreed with any bidder or anyone else III put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not In an, manner, dircclh or indirectly, sought by agreement, communication, or conference Is 11,11anvonc to lix 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 conuroct; 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, �r Signature Subscribed and sworn before This _ day of —,z Notary Pu is to and for the SWdof California Commission Expires: CLIFTON N.STAR Nnlnry Public - CnU.. L ftl/'a5xf�Y'LY~y/'•'-/� l AnQHxS County (O.Missinn A ZZ83133 Ty . ped or Printed Name Title Bidder 1 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. 20 _ (Seal) State of California ) t;,ounty of Los Angeles ) CBF -16 Subscribed and sworn to (or affirmed)) before me on this I Z day of 20 ZL ,by P('UjLb✓t Ae-tey proved to me on the basis offatiaf tory evidence to be the person(s) who appeared before me. j Signature Public Western States Roofing, Inc. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages setforth 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: Western States Roofing, Inc. • 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 forthe 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: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies Western States Roofing, Inc. 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. Western States Roofing, Inc. 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 Western States Roofing, Inc. shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any parry 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. Jan 2523, 07:05p p.1 - ' ® DATE(NWDDIYYYYI oRo CERTIFICATE OF LIABILITY INSURANCE 0112512023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). _ PRODUCER GARY KELLE GARY KELLEY KELLEY INSURANCE SERVICES 1525 MANHATTAN AVE HERMOSA BEACH, CA 90254 WSURED WESTERN STATES ROOFING INC 18605 PARTHENIA ST NORTHRIDGE CA 91324 LIC # 993251 INSURER(SIAFFORDING COMPANY COVERAGES CFRTIFICATE NUMBER: REVISION NUMBER: 91 __._...._� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVATHSTAN DING ANY RECUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO VMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIE8. LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTA ADMPUBR TYPE OFINSURANCE POLICY NUMBER NODYI NWD YPJIP DMfr3 A X coMMETtcIALGENERA1DABdtTY X X GLAIMS-MADE !. OCCllR X 13_1-_A_NKETCON7RACTUAL 00094109-2 1810112022;8/01.2023 INCLUDES CONTRACTUAL' LIABILITY EACHOCCURRENCE S 1000000 DAMAGE 10 PRE_1 Ee acorn.I S 50000 MED EXP (Any we pemnl $ 5000 PERSONALAADVINJURY E 1000000 GENERALAGGREGATE 5 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY L- JECT F-1LOC P,5,000 DEDUCTIBLE PRO DUCTS-COMPIOPAGG : E 2000000 E CTHER: BAUTOBIOBILELMBIUTY X X 648907905 8.3112022 18131/2023 COMBINED SINGLE LIMIT E 1_000000 BODILY INIURY (Pa pe son) E X ANY AUTO HOOILY INJURY (Perattidentl $ ALL DINNED nSCHEDULED AUTOA TOS X HIR DSAUTOS .`XII A�T-0WNED OS jfRx R DANACE $ E D X UMBRELU LAM OCCUR X X 0010596$-2 811.2022 8.1.2023 EACH OCCURRENCE S 3000000 _ AGGREGATE .3 3000DOO 1, EXCESS DAB CLAIMS -MADE; _ DED RETENTIONS �3 " V MMSCOEPENSAnom AND EMPLOYERS' LIABILTTY ANY PROPRIIETOMRIPARTNERrEXECU-WE YIN X STATUTE ERH _ __.._.. E.L EACH ACCIDENT E E.L DISEASE- EA EMPLOYEE E OFFICEREMBER EXCLUDED? E-1III (Wndafary In NM EL DISEASE -POLICY LIMIT E N y9as, cescibe under DES^RIPTON OF OPERARONS Dabw DESCRIPTION OF OPERATIONS. LOCATIONS 1 VEHICLES (ACOAG 101, Ad9derud Remarks Schedule, may be attach al If rsore space Ie raqui ed ) CITY OF ROSEMEAD, ITS OFFICIALS. OFFICERS, EMPLOYEES AND AGENTS INCLUDING AGENCY ARE NAMED AS ADDITIONAL INSUREDS ATTACHED COKICGTG<CG 2SRGiC{ CG24GDSBAFEC31US9. 1C s AFSCe' 2L512 ra IIFOR?NCE IS FRR.4:RY ^:CN COM1: R16UTORV' AND'.1'ANER OF SUSP.DGAPCEN IS IWCLUDED 3C OAY NOTICE OF CiNC�..LAT.CN EXCEPT NO':?+ T<E I:T Sn DHYE' u'J5'P.An10E IS F?IDA?Y PA:: CO:'IIIaCTCP.'•'.A`D 1,r4`CEa GF SU 9P.COAT^OI. 5.'^.r L'JOED L?:FP.ELL� �G E__ FGLLC41ClG FORAf °ALLCALFCRNIAOFERFTrP:S' AdDNEVRCAGPERWIOCIB RE GARVEY PA.RKOFFICE SLD+3G`"N1L09UCS SLCG i93. E:dERSO.l FIACE ROSEAEAD Grt 91Ti0 CITY OF ROSEMEAD 8838 E. VALLEY BLVD_ ROSEMEAD CA 91770 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CARY Arnon 9e rlMnlnn TNn &,'nRn.—.-A —. sea -.e. -f Arnan Form -9 Request for Taxpayer Give Form to the (Rev. December 2011) Identification Number and Certification requester. Do not Department of the Treasury entities, it is your employer identification number (EIN). If you do not have a number, see How to get a send to the IRS. Internal Revenue Service TIN on page 3. Name (as shown on your income tax return) Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Western States Roofing, Inc. number to enter. N Business name/disregarded entity name, if different from above N m m o' Check appropriate box for federal tax classification: 0 ❑ Individual/sole proprietor ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate N 1p v El Exempt payee o` Limited liability company, Enter the tax classification C=C corporation, S=S corporation, P - partnership) 11. ❑ ty P Y ( P P P P) C N C a u ❑ Other (see instructions)► Address (number, street, and apt. or suite no.) Requester's name and address (optional) r 3 OM 18605 Parthenia Street U) City, state, and ZIP code N � Northridge, CA 91324 List account number(s) here (optional) IMB Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number to avoid backup withholding. For individuals, this is your social security number However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions onn page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. voeoo©n©v© 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. 44 d Y oiyrr /�i f�.✓ j'v V Date►� /r�cr�/Or GJK Signature of / Here U.S. person / General Instructions Section references are to the Internal Revenue Code ess otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form VV -V (Rev. 12-2011) CITY OF ROSEMEAD GARVEY PARK OFFICE BUILDING & GYMNASIUM BUILDING REROOFING PROJECT No. 39006 PERFORMANCE BOND Bond No. 4461296 Premium: $6,698.00 PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to Western States Roofing. Inc. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the GARVEY PARK OFFICE BUILDING & GYMNASIUM BUILDING REROOFING and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated January 1 Q 909.1 (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we Western States Roofing, Inc. , the undersigned Contractor, as Principal, and RuraTwc Inanranrn =pof , a corporation organized and existing under the laws of the State of Texas and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of Three hundred thirty four thousand eight hundred eighty and 00/100 dollars, ($ s34 880.00 ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to theirintent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. 1N WITNESS WHEREOF, we have hereto set our hands and seals this 26th day on January 12023 . Western States Roofing Inc. Principal/Co to By: President Sure Surety The rate of premium on this bond is $20.0o per thousand. The total amount of premium charged, $ 6.698.00 (The above must be filled in by corporate surety.) PERFORMANCE BOND -2 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. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On January 26. 2023 before me Dylan Parker. Notary Public, personally appeared Samantha Orf , who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWherAh& authorized capacity(ies), and that by hWher/th& signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OYUN PARKER Notary Public - California , 5,..e. Riverside County �f�%%Commission p 2384867 Signature , Z4" (Seal) My Comm. Espires Nov 30. 2025 POA# 510005 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duty organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (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: George A. DeCristo, Shannon Lopez, Beth Kolpien, Epi Carter, Samantha Ort 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 orjdmly, as co -sureties, and as their act anddeed 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, Thatthe 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 wrporate 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 tom day of December ,2422. SureTec Insurance Company By; Michael C Keimig, Preside Sate of Texas County of Harris: s1RANC ysssJnCrMacke urance pony FO `rbAyF O :iis �^tfs�:, 0_: `W 9 SEAL av %"x'. '- •. 4` ndey Jen i s; Vice resident ~� gxxvhn*nMxO , On this 14th day of Decemnw , 2022 A. D., before me, a Notary Pudic of the Sate of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed d 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 that the seals affixed to the proceeding Instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now, in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. XENIA RIVAS `1 Notary Public State of Texas By: {N �? Commission 129117659 xgry as, No ry Pubic " Commission Expires 9/10/24 My co mission expires 9/10/2024 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY ofwhich the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. INWITNESS WHEREOF, we have hereunto set our hands, and affuad the Seals of said Companies, on the 26th day of .tanrlary 2021A 5 reieclnsu nm Com y BY: By: M. Br t Beaty, As sant Secre ry An Y Instrument Issued in excess of the penalty sated above is lousily void and vdMcut any validity. 510005 For verification of the authority of this {borer you may call p 13F8 1208110 on any bus fres day between 830 AM and SAO PM 6T. OF CALIFORNIA COUNTY On this dax of SS. basis of satisfactory evidence) to be the persolr the Attorney -in -Fact of the to me that he subscribed the name of the thereto and his own name as Attomey-in-Fact. (SEAL) My Commission expires , in the year , before me, a NotaryPublic in and for said state, personally , known to me (or proved to be on the >e name is subscribed to the within instrument as (surety) and acknowledged (surety) Notary Public in and for PERFORMANCE BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND -4 CITY OF ROSEMEAD GARVEY PARK OFFICE BUILDING & GYMNASIUM BUILDING REROOFING PROJECT No. 39006 PAYMENT BOND Bond No. 4461296 Premium included in Performance Bond PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to Western States Roofing. Inc. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the GARVEY PARK OFFICE BUILDING & GYMNASIUM BUILDING REROOFING and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated January 10. 2023 (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to fumish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we Western States Roofing, Mr. , the undersigned Contractor, as Principal and SureTec Insurance Company a corporation organized and existing under the laws of the State of Texas and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum ofThree hundred thirty four thousand eight hundred eighty and 00/100 dollars, ($ 334,880.00 ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Departmentfrom the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of PAYMENT BOND - I the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 26th day on January , 2023_. Westem States Roofing. Inc Principal/Contr for By: President PAYMENT BOND -2 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. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On January 26. 2023 before me Dylan Parker, Notary Public, personally appeared Samantha Orf , who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(kw4, and that by his/her/them signatures) on the instrument the person(s), or the entity upon behalf of which the personw acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .. DYLAN PARKER Notary Public - California Signature ��a✓ I�Li�i (Seal) . Riverside Count Commission 9 2384867 �� "�,My Comm. Expires Nov 30, 2025 POA# 510005 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its princlpaI office in the County of Harris, Texas and Markel I nsuranceCompany (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, constibrte and appoint: George A. DeCristo, Shannon Lopez, Beth Kolpien, Epi Carter, Samantha Orf Their true and lawful agends( and attorney(s)-in-fact; each in their separate capacity 0 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 ce-sureties, and as their act anddeed 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, Vee 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 Imurance 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 affixe d and these presents to be signed by their duty authorized officers on the 14th day of December , 2022 . SureTec Insurance Company By: Michael C. Keimig, Preside State of Texas County of Harris: sslts•trrrr Marko urance pany iURANCAa �J�UMNCFa. 3 �. ;�pFd3ly y� SEAL W 0 ? m 1 < �'Y•.•,:'f?� rdey Jen s, Vke resident ` reyrxrlrtp11o",%`, On this lath day of December , 2022 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me 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, deposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duty 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 Companles referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seat at the County of Harris, the day and year first above written. , XENIA RIVAS 'P' Notary Public State of Texas By: G(/ Commission # 129117659 x as, No ry Pubkc `°•r Commission Expires 9/10/24 My m mission expires 9/10/2024 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company doherby 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 setour hands, and affixed the Seals of said Companies, on the 26th day of .lAnlla r 0(103 Sre7ec lnsu Fucomy By: W: M. ar t Beaty, As tan[ Secre ry Any Instrument Issued in excess of the pe rutty stated above is tartly void and whhcut anyvalidity. 610op6 For verification of the authority of tNs Power you may call (713)812 0800 on my business day between 830 AM and 5:00 PM 6T. STATE CALIFORNIA ) COUNTY OF ) ss. On this _ day o personally appeared to be on the basis of satisfactory evidence) to bet er, instrument as the Attorney -in -Fact of the and acknowledged to me that he subscribed the name o (surety) thereto and his own name as Attorney -in -Fact. (SEAL) My Commission Expires in the year , before me, Notary Public in and for said state, , known to me (or proved whose name is subscribed to the within Notary Public in and for said PAYMENT BOND -3 (surety) CERTIFICATE AS TO CORPORATE PRINCIPAL 1, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PAYMENT BOND -4