Bell Gardens City Council
September 9, 2024

Exhibit 1 401

2024

EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Purchase and Installation of Additional LED Lighting at Veterans Park) (Parties: City of Bell Gardens and ABM Electrical & Lighting Solutions, Inc.) THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2024 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and ABM ELECTRICAL & LIGHTING SOLUTIONS, INC. (hereinafter, "Vendor"). For the purposes of this Agreement, City and Vendor may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Vendor interchangeably.

RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City requires the purchase and installation of additional new pole LED lighting at Veterans Park; and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the BeII Gardens Municipal Code (hereinafter, "Section 3.04.100"), states that the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and WHEREAS, on September 12, 2023, Sourcewell (hereinafter, "Sourcewell") issued an Invitation for Bids for Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California ("Sourcewell IFB") (IFB #CA -101723); and WHEREAS, on October 16, 2023, Vendor, formerly known as ABM Industries Inc., submitted a bid; and
WHEREAS, on December 13, 2023, Vendor and Sourcewell entered into Contract Number CA-R8-E-101723-AEL (hereinafter, "Sourcewell Contract") with an effective date of December 6, 2023 and expiration date of December 5, 2024; and WHEREAS, authorized under Section 3.04.100(E) of the BeII Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain equipment and services that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and
WHEREAS, the City as a public agency will be able to utilize Vendor's cooperative agreement with Sourcewell, to purchase directly from Vendor; and Exhibit 2 4b2

WHEREAS, City desires to enter into an agreement with Vendor for the purchase and installation of additional new pole LED lighting at Veterans Park, upon the conditions set forth below.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Vendor, agree as follows:

Section 1. DESCRIPTION OF MATERIALS AND SERVICES
A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and install additional new pole LED lighting as described in the City's General Provisions (hereinafter, "General Provisions") which are attached and incorporated hereto as Exhibit "A" and in Vendor's Work Order Number 133440.00 dated August 28, 2024 (hereinafter the "Work Order"), which is attached and incorporated hereto as Exhibit "B". For purposes of this Agreement, the capitalized term "Equipment" shall refer to the purchase and installation of the LED lighting as listed in the Sourcewell IFB. The unit prices charged by Vendor to City for the Equipment listed in the Work Order shall be no greater than the unit prices charged to Sourcewell under the Sourcewell IFB. Except as otherwise provided herein the Equipment shall, in all respects, meet the specifications for identical Equipment set forth under the Sourcewell IFB and shall be subject to all warranties set forth under the Sourcewell IFB and Sourcewell Contract (Collectively referred to as "Sourcewell Documents"). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit "C".

B. Vendor's performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery and installation at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery and installation of the Equipment until such time as City issues a written notice to proceed (hereinafter, the "Notice to Proceed") with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.

C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be responsible for the delivery and installation of the Equipment to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Equipment to the location(s) specified by the City Representative. City shall in no way be responsible for undertaking the delivery or installation of the Equipment with its own personnel or any other contracted third -party, nor shall City be responsible for providing Vendor's personnel with training, tools or equipment required to deliver the Equipment. The Equipment installation shall be completed within sixty (60) working days of the City's issuance of a written Notice to Proceed.

Exhibit 2 4203

D. The liquidated damage for this Equipment installation is two hundred fifty dollars ($250.00) per calendar day for each calendar day the project is not completed to the satisfaction of the City within the contract time including any extension of time granted by the City.

E. The Equipment installation shall be subject to inspection by City and may be rejected by City if the Equipment does not meet the specifications called for under this Agreement or is otherwise defective. The Equipment installation shall be considered accepted upon City's issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of the Equipment which does not meet the required specifications or is defective and the cost of returning and replacing the Equipment shall be borne solely and exclusively by Vendor. At City's option, Equipment that is rejected and returned by City shall be promptly replaced by Vendor or the cost of such Equipment shall be credited or refunded to City. No payment shall be required until replacement is complete. Vendor shall replace any and all Equipment lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor, at Vendor's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Equipment installation as may be necessary to ensure that the Equipment installation is performed in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Equipment installation is performed in accordance with the established specifications.

F. City's acceptance of the Equipment installation shall be conditioned upon the final inspection by City, as specified under Section 5 of this Agreement, below, to ensure that the Equipment installation satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell IFB. City reserves the right to direct to replace, at no additional cost to City, any Equipment which is determined to be damaged, defective or other non -compliant with such specifications.

G. Coordinated Equipment will take place during the standard business hours.

Section 2. STANDARD OF CARE
A. Vendor represents, acknowledges and agrees as follows:

1. Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor's field;

2. Vendor shall perform all work in a manner reasonably satisfactory to the City;

3. Vendor shall comply with all applicable federal, state and local laws and Exhibit 2 A4

regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);

4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;

5. All of Vendor's employees and agents (including but not limited to Vendor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and

6. All of Vendor's employees and agents (including but not limited to Vendor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that Vendor's acceptance of any work performed by or on Vendor's behalf shall not constitute a release of any defects or damage to the Equipment undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.

Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City's representative shall be the Director of Public Works/Facilities or their designee (hereinafter, the "City Representative"). It shall be Vendor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Vendor shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

B. Vendor Representative. For the purposes of this Agreement, Nate Piorek, Senior Sales Executive is hereby designated as the principal and representative of Vendor authorized to act on its behalf with respect to Vendor's performance under this Agreement and to make all decisions in connection therewith (the "Vendor Representative"). Notice to the Vendor Representative shall be written to constitute notice to Vendor.

Exhibit 2
4`o5

Section 4. VENDOR'S PERSONNEL
A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.

B. Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, Vendor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.

D. Vendor shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

E. Permits and Licenses. Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.

Section 5. INSTRUCTION ON MAINTENANCE
City's personnel in coordination with Vendor's personnel shall have a period of thirty (30) calendar days from the date the Equipment is delivered and installed to run performance tests of the Equipment in order to determine whether or not the Equipment meets specifications, is not damaged and is functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on maintenance of the Equipment and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance and upkeep of the Equipment. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell IFB. Unless otherwise notified in writing, the Equipment shall be deemed accepted following the end of the 30 - day testing and instruction period. City's issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Equipment installation shall toll, the expiration of the 30 -day testing and instruction period as to all Equipment.

Exhibit 2
46 Section 6. WARRANTIES
Vendor shall extend to City all such warranties for the Equipment provided to Sourcewell under the Sourcewell IFB and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section W of the Sourcewell IFB.

Section 7. COMPENSATION
A. Compensation. Vendor shall sell, deliver and install the Equipment as referenced in the Scope of Work at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical services under the Sourcewell Documents. The foregoing notwithstanding, in no event may Vendor's total aggregate compensation for the sale, delivery and installation of the Equipment exceed the aggregate sum of Two Hundred Thirty -Seven Thousand Three Hundred Ninety -One Dollars and Sixty -One Cents ($237,391.61) (hereinafter, the "Not - to -Exceed Amount").

B. As authorized by the City Council at its Regular Meeting of September 9, 2024, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, City, in its sole and absolute discretion, may authorize expenditures in excess of the Not -to -Exceed Amount without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Not -to -Exceed Amount. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.

Section 8. SURETY BOND
A. Performance Bond. Vendor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not -to -Exceed Sum.

The Performance Bond shall be in a form approved by City. No payment shall be made to Vendor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.

B. Labor and Materials Bond. Vendor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not -to - Exceed Sum. The Labor and Materials Bond shall be in a form approved by City.

No payment shall be made to Vendor until the Labor and Materials Bond has been received and approved by the City.

Section 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND

REPORTING
A. The provisions of this Section shall apply to the extent any of the Equipment installation to be performed by Vendor constitutes a "public work" within the Exhibit 2
47 meaning of Section 1720(a)(1) of the Labor Code. Vendor shall comply with the provisions of the Labor Code applicable to public works, in the manner set forth under this Section. In addition to any other indemnification obligation set forth under this Agreement, Vendor shall indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.

B. Vendor and any subcontractor performing or contracting any portion of the Equipment installation shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Equipment installation shall constitute a legal day's work under this Contract. Vendor and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. Vendor and any subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., Vendor and any subcontractor under Vendor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, Vendor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Agreement, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.

Vendor shall post a copy of said prevailing rate of per diem wages at each job site.

C. As required by Section 1773.1 of the California Labor Code, Vendor shall pay travel and subsistence payments to each worker needed to execute the Equipment installation, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

D. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution Exhibit 2
408

and thereafter shall establish such travel and payments.

E. Vendor shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to City, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. Vendor shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate.

Vendor is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and Vendor and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

F. Vendor and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. Vendor is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

G. Vendor and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving Vendor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. Vendor shall also be subject to California Labor Code Section 1777.1.

H. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, Vendor is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If Vendor, in the sole discretion of the City satisfies the City of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, Vendor may so act, and in such case, the insurance required by this paragraph need not be provided. Vendor is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply Exhibit 2
49 with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Agreement.

The Notice to Proceed with the Equipment installation under this Agreement will not be issued, and Vendor shall not commence the Work, until Vendor submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Equipment installation under this Agreement. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, Vendor in signing this Agreement certifies to the City as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." A subcontractor is not allowed to commence the Equipment installation on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by Vendor and submitted to the Public Work's Director for the City's review and records.

In accordance with the provisions of Section 1727 of the California Labor Code, the City, before making payment to Vendor of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the City.

Section 10. PROHIBITED INTERESTS
Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 11. INDEPENDENT CONTRACTOR
Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and Exhibit 2
4910

is not intended to create the relationship of partnership, joint venture or association between City and Vendor.

Section 12. RECORDS AND INSPECTION
Vendor shall comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Vendor shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices.

Section 13. CONFLICTS OF INTEREST
Vendor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Vendor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Vendor agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that executes in connection with the performance of this Agreement.

Section 14. INDEMNIFICATION
Vendor shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action to the extend caused by the acts or omissions of Vendor and to the same extent afforded the Sourcewell, Sourcewell's officials, commissioners, officers, agents, employees and volunteers.

Section 15. INSURANCE
Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section XVII of the Sourcewell IFB.

Section 16. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services.

B. In the event any claim or action is brought against City relating to Vendor performance in connection with this Agreement, Vendor shall render any Exhibit 2
act

reasonable assistance that City may require.

Section 17. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE A. Termination for Convenience. Prior to the issuance of City's written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Equipment, without cause, without liability and free of any charge or cost to City. After the City's issuance of a written Notice to Proceed, City may terminate this Agreement for convenience and without cause upon fifteen (15) days of written notice to Vendor. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, Vendor shall be compensated for such Equipment delivered to and accepted by City and for such services performed up to the effective date of the termination.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 17(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Vendor's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Vendor's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Vendor, whether voluntary of involuntary; (iv) Vendor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City's discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.

C. Vendor shall cure the following Events of Defaults within the following time periods:

1. Within ten (10) calendar days of City's issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written Exhibit 2
412

reports, documentation or work product which Vendor is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10 -day cure period, Vendor may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10 -day cure period; or

2. Within fifteen (15) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15 -day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15 -day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in the Surfacing specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.

D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within thirty (30) calendar days of Vendor's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30 -day cure period. Prior to the expiration of the 30 -day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period.

The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Vendor shall be cured by City within thirty (30) calendar days from the date of Vendor's Default Notice to City.

E. City, in its sole and absolute discretion, may also immediately suspend Vendor's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Vendor's cure of any Event of Default by giving written notice of City's intent to suspend Vendor's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Vendor shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension.

Exhibit 2
433

No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.

F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

1. Upon fifteen (15) day written notice to Vendor, the City may terminate this Agreement in whole or in part;

2. Upon written notice to Vendor, the City may extend the time of performance;

3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Vendor's breach of the Agreement, obtain specific performance from Vendor or to terminate the Agreement; or

4. The City may exercise any other available and lawful right or remedy.

H. In the event City is in breach of this Agreement, Vendor's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Vendor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.

No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 18. FORCE MAJEURE
Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City's reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Vendor. In the event that a FORCE MAJEURE event materially increases the Vendor's costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor's insurances.

Exhibit 2
ai4

Section 19. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during Vendor and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to VENDOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Director of Public Works
ABM Electrical & Lighting Solutions, Inc.
14201 Franklin Avenue
Tustin, CA 92780
Attn: Nate Piorek, Senior Sales Executive
Section 20. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, Vendor shall not deny the contract's benefits to any person on the basis of nor shall they discriminate unlawfully against any employee, subcontractor, or applicant for employment because of: race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, genetic information, gender, gender identity, gender expression, sexual orientation, or military and veteran status or other basis prohibited by law. Vendor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

Section 21. PROHIBITION AGAINST ASSIGNMENT
Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.

City shall not be obligated or liable under this Agreement to any party other than Vendor.

Section 22. ATTORNEY FEES
In the event that City or Vendor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.

Section 23. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement Exhibit 2
445

shall prevail and control. This instrument contains the entire Agreement between City and Vendor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Vendor.

Section 24. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 25. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 26. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

Section 27. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 28. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.

Section 29. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

Exhibit 2
Ai6

Section 30. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 2
Ail

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

CITY OF BELL GARDENS ABM ELECTRICAL & LIGHTING
SOLUTIONS, INC.

By: By:

Michael B. O'Kelly, City Manager
Date: Date:

Approved as to form:

By:

Stephanie Vasquez, City Attorney
Exhibit 2

FAITHFUL PERFORMANCE BOND
FOR

PURCHASE AND INSTALLATION OF ADDITIONAL LED LIGHTING

AT VETERANS PARK
The CITY OF BELL GARDENS, hereinafter "City," entered into a Contract dated , 20 with hereinafter Contractor," for the
work described as follows:

Purchase and Installation of Additional LED Lighting at Veterans Park WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.

NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and [corporate surety] , a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of , lawful money of the United States, said sum being not less than one hundred percent (100%) of the total Contract amount, for the payment of which sum be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above -bounded Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and perform the covenants, conditions, and agreements in said Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of said work, during which time if the above -bounded Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in said sum shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

And the Surety, for value received, hereby stipulates and agrees that no change, Exhibit 2 extension of time, alteration or addition to ttmterms of the Contract or to the work to be

performed thereunder or the specifications 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 the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys' fees to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Contractor as Principal)
(Seal) By:
(Seal) By:

NOTE: If Contractor is a Partnership, all parties must execute the Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.

Exhibit 2 420

LABOR AND MATERIALS BOND
FOR

PURCHASE AND INSTALLATION OF ADDITIONAL LED LIGHTING

AT VETERANS PARK
The CITY OF BELL GARDENS, hereinafter "City," has awarded to ,hereinafter "Contractor," a Contract for the work described as follows:

Purchase and Installation of Additional LED Lighting at Veterans Park WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.

NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and , a corporation
organized and existing under the laws of the State of duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the in the sum of
Exhibit 2
(
), said
sum being not less than one hundred (100`)/0) percent of the total Contract amount payable by the City, under the terms of the 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 Contractor, its heirs, executors, administrators, successors, and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 9100, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor thereon of any kind, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in the Contract; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees to the prevailing party to be fixed by the court.

This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond. 421

It is further stipulated that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration, or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement described above or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement described above, nor by any rescission or attempted rescission of the Contract, agreement, or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the City and original contractor or on the party of the obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Sections 8400 and 8402 of the California Civil Code and has not been paid the full amount of its claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration, or modification.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Contractor as Principal)
(Seal) By:
(Seal) By:

NOTE: If Contractor is a Partnership, all partners should execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.

Exhibit 2 422

EXHIBIT "A"

GENERAL PROVISIONS
Exhibit 2
43 EXHIBIT A

GENERAL PROVISIONS
Section I — General
1-1 Location and Description of Work
The work shall be performed at Bell Gardens Veterans Park, 6662 Loveland Street, Bell Gardens, CA 90201 (work site), all of which is known as the "Purchase and Installation of Additional LED Lighting at Veterans Park" (the "Project"). The work will be as described in Vendor's Work Order. All work shall be performed according to the requirements in the "General Provisions" and Vendor's Work Order. The image below illustrates the Project limits:
1-2 to 1-4. Intentionally left blank.

Exhibit 2 424

1-5 Record Drawings
If applicable, Vendor shall have on file a minimum of one (1) set of Construction Drawings, hereinafter referred to as "RECORD DRAWINGS," upon which he/she shall record all variations between the work as built and as originally shown on the Construction Drawings or other Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or as directed by the Director of Public Works/Facilities ("Director") to indicate fully the work as actually constructed. Said record drawings shall be kept at the job site and shall be accessible at all times during the construction period and shall be delivered to the Director within ten (10) days after completion of the work.
1-6 to 1-15. Intentionally left blank.
1-16 Site Conditions and Restrictions
1-16.1 "Time of Completion":
(1) The Vendor shall perform no Work on days other than Working Days or outside of normal working hours (defined as the hours between 7:00 a.m. to 5:00 p.m.) without the consent of the Director, unless otherwise specified. In any event, all Work shall be subject to approval of the Director. Before starting such work, the Vendor shall make arrangements with the Director for the continuous or periodic inspection of the work and tests of materials, when necessary. If the Vendor requests permission to perform Work outside of the above time periods and if the City grants such request, the Vendor shall pay all extra expense to the City for inspection and other incidental expenses caused by such overtime Work. If the City requests the Vendor to work overtime or if overtime Work is specifically required by these Specifications, the City will pay all extra expense of inspection.
(2) If the Vendor finds it necessary, in order to complete the work according to schedule, to perform certain of its operations outside of Working Days or normal working hours, these operations shall be performed as part of the Work included in the Contract Price and shall not constitute a basis for additional payments. 1-16.2 Access for emergency vehicles throughout the Project shall be maintained at all times.
1-17. Intentionally left blank.
1-18 Traffic Control and Access
1-18A The Vendor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

Exhibit 2 425

1-18.2 The Vendor shall maintain two-way traffic on all streets at all times. Lane closures permitted with the prior approval of the Director and shall conform to Caltrans or WATCH Manual guidelines.
1-18.3 The Vendor shall maintain all travel lanes open during non -work hours except as may be allowed at the Agency's convenience and discretion to expedite the work. 1-19 Protection and Restoration of Existing Improvements Whenever, in the opinion of the Director, an emergency exists against which the Vendor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Vendor's operations and when, in the opinion of the Director, immediate action shall be considered necessary in order to protect the public or property due to the Vendor's operations under this Agreement, the Director will order the Vendor to provide a remedy for the unsafe condition. If the Vendor fails to act on this situation within a reasonable time period, the City will provide suitable protection of said interests by causing such work to be done and material to be furnished as may seem reasonable and necessary at the expense of the Vendor.
1-19.1 "Responsibilities of the Vendor"
(1) The Vendor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Vendor shall repair any damage to property from any cause that might have been prevented by the Vendor, the Vendor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Vendor's sole cost and expense. The Vendor shall repair water service breaks the same day. In the event that the Vendor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Vendor.
(6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.

Therefore, the Vendor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
1-20 Claim Notification
If the Vendor should claim that any instruction, request, drawings, specification, action, condition, omission, default, or other situation obligates the City to pay additional compensation to the Vendor or to grant an extension of time for the Completion of the Contract, or constitutes a waiver of any provision in the contract, it shall notify the Director, in writing, of such claim within 10 days from the date he has actual or constructive notice Exhibit 2 426

of the factual basis supporting the claim. The Vendor's failure to notify the Director within such ten (10) day period shall be deemed a waiver and relinquishment of the claim against the City.
1-21 Specification Changes
No changes, additions or deletions will be made to these specifications and plans unless directed by the Director.
1-22 to 1-23 — Intentionally left blank.
1-25. Intentionally left blank.
1-26 Superintendence by Vendor
The Vendor shall designate by letter to the Director a competent superintendent, satisfactory to the Director and with authority to act for the Vendor. The designated superintendent shall be on the job site at all times during performance until the work is completed and accepted by the City. Work will not be performed in the absence of a competent superintendent. Should a change in the job superintendent be necessary, the Director shall be notified by letter.
1-27 Clean -Up
Clean-up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed daily, and any damage sustained on the work of others shall be repaired to original conditions. WASH DOWNS ARE PROHIBITED.
1-28 Removal and Disposal of Materials
All materials removed shall become the property of the Vendor and shall be disposed of outside the right-of-way unless otherwise specified. Materials that are removed shall be disposed of in a legal manner by the Vendor. The Vendor shall make its own arrangements for disposing of materials and it shall pay all costs involved. It is the Vendor's responsibility to inform the City of any environmentally impacted material. The cost of Removing and Disposing of Materials that are not environmentally impacted shall be included in the various Contract items of Work and no additional compensation will be allowed, therefore. All construction debris is to be disposed of in accordance with the City of Bell Gardens Recycling Policy. The contactor shall be responsible for the payment of any deposits to the City of Bell Gardens, as part of the Recycling Policy. Please note that such deposits are refundable only after the Vendor has provided the required documentation to substantiate compliance with the Recycling Policy.
1-29 to 1-32. Intentionally left blank.
1-33 Public Convenience, Public Safety, Signing and Traffic Control Exhibit 2 427

1-33.1 The Vendor shall not close traffic lanes on arterial streets before 8:30a.m. or after 3:30 p.m. without consent of the Director.
1-33.2 Intentionally left blank.
1-35 Removal and Disposal of Materials
All materials removed shall become the property of the Vendor. Materials that are removed shall be disposed of in a legal manner by the Vendor. The Vendor shall make its own arrangements for disposing of materials and it shall pay all costs involved. The cost of Removing and Disposing of Materials shall be included in the various contract items of work and no additional compensation will be allowed, therefore. 1-36. Intentionally left blank.
(1) 1-38. Intentionally left blank.
1-40 Materials and Workmanship
1-40.1 "Protection of Work and Materials":
a. The Vendor shall remove and replace materials damaged by the Vendor's operations at the Vendor's sole expense before the final inspection and acceptance. (2) "Test of Materials":
a. The Vendor shall submit samples of materials, at the Vendor's sole expense, as the Director may require, 15 days in advance of being incorporated in the Work to a testing laboratory designated by the City.
b. Samples of materials to be tested shall be properly identified and shall establish exact nature and character of materials. The City may reject any material or part thereof that proves defective as a result of testing and requires satisfactory replacement. (3) "Trade Names or Equals":
a. Where a specific manufacturer is noted on the Plans or listed in the Specifications, unless otherwise noted, an "approved equal" item may be substituted. b. If a Bidder desires to bid an" approved equal" item, the Bidder shall submit a request to do so to the Director in writing by the time and as shown in the Instructions to Bidders. 1-41. Intentionally left blank.

1.42 Air Pollution Control
The Vendor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code. In the absence of any applicable air pollution control rules, regulations, ordinances or statues governing solvents, all solvents, including but not Exhibit 2 428

limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the Project shall comply with the applicable material requirements of the South Coast Air Quality Management District (SCAQMD). All containers of paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be burned, either inside or outside of the premises. The provisions of Section 300-1.3, "Removal and Disposal of Materials", of the SSPWC permitting disposal of material by burning shall not apply. 1-43 Completion, Acceptance and Warranty
1-43.1 (1) Upon acceptance by the Director, the Director will file a Notice of Completion with the Los Angeles County Registrar -Recorder. The date the Notice of Completion is filed will be the date of acceptance of the Work and the date the Vendor is relieved from responsibility to protect the Work.
(2) The acceptance of the Work or the payment of any money by the City shall not operate as a waiver of any provision of the Agreement, or of any power reserved to the City, or of any right to damages or indemnity provided in the Agreement. The waiver of any breach of the Agreement, or any default hereunder, shall not be held to be a waiver of any other or subsequent breach or default.
(3) The Vendor shall guarantee all Work against failure due to defective materials and faulty workmanship for a period of 1 year after the date of acceptance of the Work by the City, unless some longer period is expressly set forth in any manufacturer's warranty or within the Specifications.
(4) When the City discovers defective material or workmanship that requires repair or replacement under guarantee, the Vendor shall furnish all necessary labor, materials, and equipment to correct and make good, at no expense to the City, all such defects. The Vendor shall commence repair or replacement within 24 hours after receiving written notice from the Director, and diligently and continuously perform the Work until the repair or replacement is completed and the City has accepted it. 1-44. Intentionally left blank.
1-45 Storage of Equipment and Materials
It shall be the Vendor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the Director, and must be free of objectionable material. The Vendor must submit to the Director for approval any and all agreement(s) between the Vendor and the property owner(s) of said storage site(s) and/or construction site(s) for approval prior to the start of construction. Said agreement(s) must provide for the restoration of the site(s) by the Vendor prior to the filing of "Notice of Completion" by the Director. Stockpiling or storage of materials on any public right-of-way or parking areas will not be permitted without the approval of the Director.

Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and storage areas shall be kept in a safe, neat, Exhibit 2 429

clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the Work
Vendor shall only use a haul route approved in writing by the Director. The Vendor shall keep the work site as well as the route to and from the disposal site clean at all times.

The Vendor shall immediately remove and haul away all materials included in the various items of removals.
1-46 Work Site Maintenance
1-46.1 "Responsibilities of the Vendor";
(1) "General":
a. The Vendor shall include all cleanup costs in its Bid. The City will make no additional payment for this work.
(2) "Noise Control":
a. The Vendor shall keep the noise level resulting from Work operations to a minimum at all times, especially during the morning hours.
b. Noise control is subject to the provisions of Bell Gardens Municipal Code section 16.24, "Noise Regulation."
(3) "Water Pollution Control":
a. Best Management Practices (BMPs) shall be defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution.
b. At a minimum, the Vendor shall implement the following BMPs in conjunction with the Work:

Title
Number
General Site Management
Water Conservation
NS -1
Vehicle and Equipment Cleaning
NS -8
Vehicle and Equipment Fueling
NS -9
Vehicle and Equipment Maintenance
NS -10
Employee/Subcontractor Training
--
Construction Materials and Waste Management
Material Delivery and Storage
WM-1
Material Use
WM-2
Spill Prevention and Control
WM-4
Solid Waste Management
WM-5
Hazardous Waste Management
WM-6
Concrete Waste Management
WM-8
Exhibit 2 430

Erosion/Sediment Control
Storm Drain Inlet Protection
SE -10
c. A description of each BMP is included in these Specifications. The Vendor shall have at least two readily accessible copies of these descriptions at the Work site at all times. d. The Vendor shall continuously implement BMPs during the Work. The Vendor shall implement BMPs for erosion control and sedimentation during the period from October 15th to April 15th and whenever the National Weather Service predicts rain within 24 hours.
e. The Vendor shall conduct all aspects of the Work performed pursuant to these Plans and Specifications in accordance with all state and federal laws and regulations, including but not limited to all environmental laws and regulations, Order No. 99-060 of the California Regional Water Quality Control Board, Los Angeles Region ("Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the City of Bell Gardens) and related BMPs. The City will deduct from the money due or to become due to the Vendor the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Vendor's failure to comply with these provisions or less than complete implementation of the specified BMPs. In addition, the Vendor shall defend, indemnify, and hold the City harmless for any liability, loss, damage, fines, penalties, actions, costs and expenses related to the Vendor's (or its subcontractor's) failure to comply with these laws and regulations.
f. Full payment for the implementation of BMPs, including the construction, removal, and furnishing of all necessary labor, equipment, and materials, shall be considered as included in the unit prices bid for the various items of work or the lump sum bid (as the case may be), and no additional payment will be made.
1-47 Protection and Restoration of Existing Improvements 1-47.1
(1) The Vendor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Vendor shall repair any damage to property from any cause that might have been prevented by the Vendor, the Vendor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Vendor's sole cost and expense. In the event that the Vendor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Vendor. (2) through (5). Intentionally left blank.
(6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control Exhibit 2 431

device, guidepost or signpost placed or erected as authorized or required by law.

Therefore, the Vendor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.

Exhibit 2 432

EXHIBIT "B"

WORK ORDER
Exhibit 2
423

Work Order Signature Document
EZIQC Contract No.: CA-R8-E-101723-AEL
x
Work Order Number.: 133440.00
Work Order Title:

Owner Name:

Contact:

Phone:

New Work Order
Veterans Park LED Lighting
City of Bell Gardens
Modify an Existing Work Order
Work Order Date: 08/28/2024
Contractor Name: ABM Electrical & Lighting Solutions Inc.

Bernardo Iniguez
562-806-7770
Contact:

Phone:

Nate Piorek
(949) 330-3049
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-E-101723-AEL.

Brief Work Order Description:

LED Lighting
Time of Performance Estimated Start Date:

Estimated Completion Date:

Liquidated Damages
Will apply:
x
$250/day
Will not apply:

Work Order Firm Fixed Price: $237,391.61
Owner Purchase Order Number:

Approvals
City of Bell Gardens
Date ABM Electrical & Lighting Solutions Inc.

Date
Work Order Signature Document
Exhibit 2 434

8/28/2024

Detailed Scope of Work
To: Nate Piorek
ABM Electrical & Lighting Solutions Inc.
14201 Franklin Avenue
Tustin, CA 92780
(949) 330-3049
Date Printed:

Work Order Number:

Work Order Title:

Brief Scope:

August 28, 2024
133440.00
Veterans Park LED Lighting
LED Lighting
From: Bernardo Iniguez
City of BeII Gardens
8327 Garfield Ave
BeII Gardens, CA 91201
562-806-7770
Preliminary
Revised
X
Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

City of Bell Gardens, Veterans Park LED Upgrades:
• Remove and replace (40) sports field lighting fixtures with new Sylvania sports field LED lighting fixtures per photometrics plans. see attached specifications. To include l0yr Sylvania limited warranty.

Spec: Sylvania SPORTLT1AS750UNVD7505X5BL
• Remove and replace (2) area fixtures mid height on high mast poles located at the first base and right field poles with Sylvania LED area fixtures. AREAFLD6AS150UNHDSC2T5BZ • Remove and replace (2) parking lot poles and fixtures in front of the Memorial Auditorium Bldg.

Spec: AREAFLD6AS150UNHDSC2T3BZ, SSQI-S11G-20-BRZ
• Replace (1) 30' corroded pole in center field grass area.5SQI-S11G-30-BRZ • Remove and replace (4) tennis court lighting fixtures with Sylvania LED area fixtures, Spec Sylvania AREAFLD6AS 150UNHDSC2T3BZ
• Install (10) well lights each to individually light up each of (8) flagpoles and 2 at front of stone monument. FCD803R UNV 40K CRI84 20L SS FL LD
• Install (1) 15' walkway pole footing at monument sidewalk entrance and Install Customer provided pole and fixture at walkway.
• Trench/install conduit approximately 250' to bring power to (10) well lights and (1) new walkway pole location.
• Remove (1) existing abandoned well light by American flagpole. Safe off and dispose.

Notes:
• City of Bell Gardens to remove and dispose of existing poles and fixtures prior to ABM project start. If Required, City of Bell Gardens to make in irrigation line repairs, high pressure underground line repairs, Asbestos abatement/repairs.
• ABM's obligation under this proposal; and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event such substances, wastes, or materials are encountered, Contractor's sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work until such substances, wastes, or materials and the resultant hazards are removed.

Scope of Work
Exhibit 2 435

8/28/2024

etailed Scope of ork Continues..

Work Order Number: 133440.00
Work Order Title: Veterans Park LED Lighting
• Special Note Regarding Underground Trenching: All trenching and underground work will be performed in a neat and workmanlike manner. We will attempt to replace all planter and turf areas back to original condition as close as possible; however, we are not responsible for plant items that have to be removed to perform our work. Therefore, customer has the option to utilize their landscape contractor to work in conjunction with our electrical crew to protect all landscaped areas. In the event we are not furnished an underground irrigation "as -built" plan, we cannot be responsible for damage to existing underground equipment, we will notify customer and offer to repair the damage at minimum cost to the project.
• Work to be completed 1st shift prevailing wage, Los Angeles County • Make all final connections between electrical panels and fixtures • Existing electrical infrastructure repairs and upgrades excluded • This pricing includes single line drawings. Title 24 calculations, wet stamped plans, and permitting fees will be at "No Cost" per city.
• Material Lead Time 4-6 weeks Project Scheduling 2 weeks Project Duration 3 weeks Subject to the terms and conditions of ezIQC Contract CA -R8 -E -101723 -AEA.

ABM Electrical & Lighting Solutions Inc. Date
City of Bell Gardens Date
Scope of Work
Exhibit 2 436

8/28/2024

Contractor's Price Proposal - Summary
Date: August 28, 2024
Re: IQC Master Contract #:

Work Order #:

Owner PO #:

Title:

Contractor:

Proposal Value:

CA-R8-E-101723-AEL
133440.00
Veterans Park LED Lighting
ABM Electrical & Lighting Solutions Inc.
$237,391.61
Section - 01 $20,559.46
Section - 26 $216,832.15
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding.

The Percentage of NPP on this Proposal:
$237,391.61
Contractor's Price Proposal - Summary
Exhibit 2 437

8/28/2024

Contractor's Price Proposal - Detail
Date: August 28, 2024
Re: IQC Master Contract #:

Work Order #:

Owner PO #:

Title:

Contractor:

Proposal Value:

CA-R8-E-101723-AEL
133440.00
Veterans Park LED Lighting
ABM Electrical & Lighting Solutions Inc.
$237,391.61
Sect. Item Mod. UOM Description Line Total
Labor Equip. Material (Excludes)
Section - 01
1 01 22 16 00 0002
EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal.

Quantity Unit Price Factor
Installation 4,645.62 x 1.00 x 1.1000
Bonding: 232,281.43 x 2% = 4645.62
Total
5,110.18
$5,110.18
2 01 22 20 00 0084
HR Engineer
Quantity
Installation 16.00
x
Unit Price
135.00 x
Factor Total

0.9799
Perform structural footing calculations and photometric calculations per Title24 2,116.58
$2,116.58
3 01 22 23 00 0107
WK 29' To 33' Bucket Truck With Full -Time Operator
Quantity Unit Price Factor
Installation 1.00 x 5,627.60 x 0.9799
Logistics: Smaller Lift: Install (3) Poles, Hoist and set poles. Install (8) tall pole fixtures.

Total
5,514.49
$5,514.49
4 01 22 23 00 0116
WK 62' Bucket Truck With Full -Time Operator
Quantity Unit Price
Installation 1.00 x 7,978.58
Logistics: High mast sport lighting replacement
x
Factor Total

0.9799
7,818.21
$7,818.21
Subtotal for Section - 01 $20,559.46
Section - 26
5 26 05 19 16 0016
MLF #10 AWG,Type THHN-THWN, 600 Volt, Copper, Single Solid Cable, Installed In Conduit
Quantity Unit Price Factor
Installation

1.00 x
1,003.64
x
Electrical Infrastructure: New underground wiring to Monument area.

0.9799
Total
983.47
$983.47
6 26 05 33 13 1872
LF 3/4" Schedule 40 Polyvinyl Chloride (PVC) Conduit With Coupled End, Direct Burial
Installation
Quantity
250.00
x
Unit Price

4.77 x
Electrical Infrastructure: New underground conduit to Monument area.

Factor Total

0.9799
1,168.53
$1,168.53
7 26 55 13 00 0129
EA 15 Watt, LED Recessed Uptight
Quantity
Installation 10.00
Unit Price
Factor Total
1,227.08 x 0.9799
12,024.16
Electrical Infrastructure: New well lighting at monument area.FCD803R UNV 40K CRI84 20L SS FL LD $12,024.16
Contractor's Price Proposal - Detail
Exhibit 2 438

8/28/2024

Contractor's Price Proposal - etail Continues..

Work Order Number: 133440.00
Work Order Title: Veterans Park LED Lighting
Section - 26
8 26 56 13 00 0238
EA 20' High, 5" OD, 11 Gauge, Square Straight, Steel Area Light Pole, Anchor Base
Quantity Unit Price Factor Total
Installation 2.00 x 2,185.96 x 0.9799 = 4,284.04
Demolition 2.00 x 386.52 x 0.9799 = 757.50
New Pole at Auditorium Park Lot Spec: LSI 5SQI-S11G-20-BRZ $5,041.55
9 26 56 13 00 0240
EA 30' High, 5" OD, 11 Gauge, Square Straight, Steel Area Light Pole, Anchor Base
Quantity Unit Price Factor Total
Installation 1.00 x 3,138.69 x 0.9799 = 3,075.60
Demolition 1.00 x 579.77 x 0.9799 = 568.12
New Pole at Center Field area. Pole Spec: LSI 5SQI-S11G-30-BRZ $3,643.72
10 26 56 13 00 0735
VLF 2' Diameter Concrete Base For Poles
Quantity Unit Price
Installation 7.00 x 91 38
Concrete Footing for monument area walkway pole
Factor Total

0.9799
626.80
$626.80
11 26 56 19 00 0199
EA 120 LEDs, 132 Watt, Arm Mount, Rectangular, LED Area Fixture (CREE® BetaLED® Edge®ARE-EDG)
Quantity Unit Price Factor Total
Installation 8.00 x 2,683.79 x 0.9799
= 21,038.77
Demolition 8.00 x 141.24 x 0.9799 = 1,107.21
Area LED fixtures: (2) at Auditorium parking, (2) at Lower high mast field poles, (4) at Tennis Court. Spec:

Sylvania AREAFLD6AS150UNHDSC2T5BZ
$22,145.98
12 26 56 19 00 0204
EA 240 LEDs, 533 System Watts, Direct Or Arm Mount, Rectangular, High Output, LED Area Fixture (CREE® BetaLED® Edge® ARE-EHO)
Quantity Unit Price Factor Total
Installation 40.00 x 4,194.40 x 0.9799
= 164,403.70
Demolition 40.00 x 173.34 x 0.9799 = 6,794.23
High mast sports field lighting spec : Sylvania SPORTLT1AS750/1200unUNVD7505X5BL $171,197.94
Subtotal for Section - 26 $216,832.15
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding.

The Percentage of NPP on this Proposal:
$237,391.61
Contractor's Price Proposal - Detail
Exhibit 2 439

8/28/2024

Subcontractor Listing
Date: August 28, 2024
Re:

IQC Master Contract #:

Work Order #:

Owner PO #:

Title:

Contractor:

Proposal Value:

CA-R8-E-101723-AEL
133440.00
Veterans Park LED Lighting
ABM Electrical & Lighting Solutions Inc.
$237,391.61
Name` t tr'trdct�t ..
to Ott
T�utte
. '
rnouttt

No Subcontractors have been
selected for this Work Order
$0.00

0.00 Subcontractor Listing
Exhibit 2 440

8/28/2024

EXHIBIT "C"

SOURCEWELL DOCUMENTS
Exhibit 2
41 DocuSign Envelope ID: 3EC08F55-9B1A-45C3-B04C-1A28F36B92D4 r
Indefinite Delivery -Indefinite Quantity Construction Contract Contract Number: CA-R8-E-101723-AEL
Service Type: Electrical
This Indefinite Delivery -Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and ABM Electrical and Lighting Solutions, 14201 Franklin Ave, Tustin, CA 92780 (Contractor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States.

The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell's indefinite delivery -indefinite quantity (IDIQ) construction contracts within the Service Region.

I. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 6, 2023 or the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.

II. REGION AND SERVICES
The Contractor's Region is: Region 8. The Contractor's IDIQ construction service type is: Electrical. The Contractor has agreed to perform work outside the Region.

III. ADJUSTMENT FACTORS
The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information.

A. Normal Working Hours — Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.9799.

Rev. 4/2021
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 442

DocuSign Envelope ID: 3EC08F55-9B1A-45C3-B04C-1A28F36B92D4 B. Other Than Normal Working Hours — Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0525.

C. Secured Facilities/OSHPD Prevailing - Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0616.

D. All Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 0.9799.

E. Non pre -priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.1251.

VI. AUTHORIZED REPRESENTATIVE
A. Sourcewell's Authorized Representative is its Chief Procurement Officer.

B. The Contractor's Authorized Representative is Chan Onechanh. If the Contractor's Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing.

Sourcewell ABM Electrical and Lighting Solutions
1—DocuSigned DocuSigned by:

Sdatiarti3
CQFD2A139DD6489...

By:

Jeremy Schwartz
,— DocuSigned by:

By: a 11E7A835F651473...

Chan Onechanh
Title: Chief Procurement Officer Title: Sr. General Manager Date: 12/13/2023 I 2:44 PM CST
Rev. 4/2021
Date: 12/13/2023 I 2:03 PM CST
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 443

IFB #CA -101723
Invitation for Bids
for
Indefinite Delivery -Indefinite Quantity
Construction Contracts
in the
State of California
Bid Due Date: October 17, 2023, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government entity and public agency, is issuing this Invitation for Bids (IFB) on behalf of its participating entities to create indefinite delivery -indefinite quantity construction (IDIQ) contracts that may be used by those participating entities for projects related to construction or the repair, alteration, modernization, or renovation of buildings, structures, or other real property.

This IFB consists of the following parts:

1. Invitation for Bids, including Map of Regions

2. Template IDIQ Construction Contract

3. IDIQ Contract General Terms and Conditions

4. Construction Task Catalog

5. Technical Specifications
A full copy of the IFB can be found on the Sourcewell Procurement Portal ( https://oroportal,sourcewell- mn.gov), and only bids submitted through the Sourcewell Procurement Portal will be considered. Bids are due no later than October 17, 2023, at 4:30 p.m. Central Time, and late bids will not be considered.

Solicitation Schedule
Notice of Solicitation Published: September 12, 2023
Pre -bid Conference:

Question Submission Deadline:

Bid Due Date:

Opening:

Rev. 4/2023
September 26, 2023, 12:00 p.m., Central Time
October 10, 2023, 4:30 p.m., Central Time
October 17, 2023, 4:30 p.m., Central Time
Late responses will not be considered.

October 17, 2023, 6:30 p.m., Central Time
See Article VII. G. for more information.

Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 444

ABOUT SOURCEWELL AND ITS PARTICIPATING ENTITIES
Sourcewell is a State of Minnesota local government and public agency created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its participating entities across the United States. It has the authority to develop and offer, among other services, joint purchasing services to its participating entities. Sourcewell's solicitation process complies with State of Minnesota law and policies.

Sourcewell's participating entities in the State of California may include:
• Federal and state government
• Cities, towns, and counties/parishes
• Education service cooperatives
• K-12 and higher education
• Tribal government
• Some nonprofit
• Other public entities
II. INDEFINITE DELIVERY -INDEFINITE QUANTITY CONSTRUCTION PROGRAM Sourcewell is soliciting bids for its IDIQ construction program. IDIQ contracting offers participating entities access to competitively solicited and awarded contracts for projects related to construction or the repair, alteration, modernization, or renovation of buildings, structures, or other real property.

Sourcewell has engaged The Gordian Group, Inc. (Gordian) to provide management of its IDIQ construction program. In this role, Gordian provides support to Sourcewell in the administration of the program, including: preparing Construction Task Catalogs and related technical specifications, providing information management systems and licenses to contractors, training to contractors, administering fee collection, consulting services to Sourcewell, and assisting with proposal package or work order development. Participating Entities access Sourcewell IDIQ contracts resulting from this IFB through relevant purchasing authority, and work directly with Contractors awarded through this IFB.

Under IDIQ, an awarded Contractor furnishes management, labor, materials, equipment, and incidental design support needed to perform the work. Details of the program's operation can be found within the Contract, and General Terms and Conditions document included in this IFB.

III. REQUIRED BIDDER QUALIFICATIONS
In determining a Bidder's responsibility and ability to perform under a Contract, Sourcewell has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, business location(s) and organization of the Bidder, the Bidder's record with environmental regulations, and the claims and litigation history of the Bidder. Sourcewell reserves the right to verify the Bidder's information and may request clarification from a Bidder.

A. A Bidder's business must be normally engaged in performing the type of work specified within this IFB and must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to a Sourcewell participating entity (as solely determined by Sourcewell).

Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 445

B. Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog either through its own forces or by using subcontractors. Bidder must provide documentation of all applicable required licensure(s).

C. Bidders responding to Paving, Roofing/Waterproofing, Plumbing, Sanitation System, Flooring, Abatement Services, Landscaping, Painting, Low Voltage Systems, Fire Protection, Mechanical/HVAC, Electrical, Solar, and/or Limited Specialty Contracts (C-61) solicitations must perform at least 51% of all contracted work with its own organization and forces. The percentage calculation does not include field superintendents or office management personnel.

D. Bidders must demonstrate a physical presence within the geographic boundary of the region(s), or adjacent region(s) to which they are bidding as identified in the Map of Sourcewell Contract Regions.

IV. BID OVERVIEW AND PREPARATION INSTRUCTIONS
A. REQUESTED INDEFINITE DELIVERY -INDEFINITE QUANTITY CONSTRUCTION SERVICES. The IDIQ services specified include General Building, Paving, Roofing/Waterproofing, Plumbing, Sanitation System, Flooring, Abatement Services, Landscaping, Painting, Low Voltage Systems, Fire Protection, Mechanical/HVAC, Electrical, Solar, and Limited Specialty Contracts. At this time, no specific projects have been identified; work and work volume from any resulting contract are not guaranteed. Specific description of work and summary of duties for each category of construction can be found in the Technical Specifications.

B. PREPARATION INSTRUCTIONS. Strict compliance with the following instructions is required for properly preparing a bid. Before submitting a bid, it is the responsibility of each Bidder to:
1) Examine the IFB Documents thoroughly;
2) Consider all applicable federal, state and local laws, regulations, ordinances, and procurement codes that may affect costs, progress, performance, or furnishing of a participating entity's work; and,
3) Notify Sourcewell of all conflicts, errors, or discrepancies in the IFB Documents of which Bidder knows.

The submission of a Bid constitutes a representation by the Bidder to Sourcewell that it has complied with the above requirements and that, without exception, its Bid is premised upon performing and furnishing the Work required by this IFB.

Bidders should include all relevant information in its bid. Sourcewell cannot consider information that is not provided in the bid.

C. ESTIMATED CONTRACT VALUE AND USAGE. Based on past volume of similar contracts, the estimated annual value of each contract resulting from this IFB is $5,797,275. Sourcewell anticipates considerable activity under the contract(s) awarded from this IFB; however, work and work volume from any resulting contract are not guaranteed.

Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 446

V. BID PRICING
A. CONSTRUCTION TASK CATALOG AND ADJUSTMENT FACTOR. In order to evaluate bid pricing and the retain consistency within contract pricing, Sourcewell uses Gordian's proprietary Construction Task Catalog (CTC). The CTC as a comprehensive listing of specific repair and construction related Tasks, together with a specific unit of measurement and a pre-set unit price (Unit Price). All Unit Prices within the CTC are based on local labor, material, and equipment prices for the direct cost of construction.

Under this IFB, Bidders will offer price adjustments (Adjustment Factors) that will be applied to CTC Unit Prices. The Adjustment Factors represent either an increase to the present Unit Prices (such as 1.1000) or a decrease from the preset Unit Prices (such as 0.9800).

A participating entity's cost for a specific task will be determined by multiplying the preset Unit Prices by the appropriate quantities and by the appropriate Adjustment Factor (e.g., specific task cost = preset unit price in CTC * quantity needed * Adjustment Factor). 1) Each Bidder must submit 3 Adjustment Factors to be applied to every task in the CTC. The bid must be either an adjustment "decrease from" (e.g. 0.9800) or "increase to" (e.g.

1.1000) the Unit Prices listed in the CTC.
2) The Bidder's Adjustment Factors must include all of the Bidder's direct and indirect costs.

This includes, but is not limited to, its costs for overhead, profit, bond premiums above the reimbursable amount, insurance, mobilization, purchase order proposal development, and all contingencies in connection therewith. See pages 00t-1- 00-6 of the CTC for a complete explanation of what is and is not included in the Unit Prices. Note, where applicable, the bidder must comply with all applicable prevailing wage laws. The wage rates in the CTC were current at the time these IFB Documents were issued.
a. The first Adjustment Factor will be applied to work to be accomplished during Normal Working Hours and are performed on projects that do require prevailing wage rates.
b. The second Adjustment Factor will be applied to work to be accomplished during Other Than Normal Working Hours and are performed on projects that do require prevailing wage rates.
c. The third Adjustment Factor will be applied to work to be accomplished at secured facilities/OSHPD that do require prevailing wage rates. d. The fourth Adjustment Factor will be applied to work to be accomplished on all union wage projects.
e. The fifth Adjustment Factor will be for work tasks not identified in the Construction Task Catalog. IQCC includes a provision for establishing of prices for Work requirements which are within the general scope of IQCC but were not included in the CTC at the time of Contract award. These Tasks are referred to as "Non Pre -priced Tasks (NPP)." NPP Tasks may require new specifications and drawings and may subsequently be incorporated into the CTC. The bidders will offer an Adjustment Factor to be applied to the actual material, equipment, and labor cost for NPP work Tasks. 3) Adjustment Factors may be specified to the fourth decimal place. For example:
1 1
0 0
0 Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 447

Or
0 .
9 8
0 0
4) For bid evaluation purposes only, the following weighing of the Adjustment factors will be used to determine the Combined Adjustment Factor. Complete the following information within the Sourcewell Procurement Portal:

Adjustment Factors
Weight
Normal Working Hours — Prevailing Wage Rate
Projects
50%
Other Than Normal Working Hours — Prevailing
Wage Rate Projects
15%
Secured/OSHPD Prevailing Wage Rate Projects
15%
All Union Wage Projects
10%
Non -Pre -Priced Adjustment Factor
10%
B. ADMINISTRATIVE FEES. Awarded contractors must pay an administrative fee in exchange for the administration of the contracts by Sourcewell and Sourcewell's contract administrator, Gordian. The bidder must include the administrative fee in calculating the Contractor's Adjustment Factors.

Detailed information about Sourcewell's administrative fee can be found in Article VII. B of the General Terms and Conditions.

VI. CONTRACT
Bidders awarded a contract will be required to execute the Contract (including its General Terms and Conditions) attached to this IFB.

VII. BIDDING PROCESS
A. PRE -BID CONFERENCE. Sourcewell will hold a non -mandatory pre -bid conference via webcast on the date and time noted in the Solicitation Schedule and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential bidders to ask questions regarding this IFB. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre -bid conference attendance is optional but highly encouraged.

B. QUESTIONS REGARDING THIS IFB AND ORAL COMMUNICATION. Any questions regarding this IFB must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this IFB. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 448

All questions, whether specific to a Bidder or generally related to the IFB, must be submitted using this process. Do not contact individual Sourcewell staff (or any representative of Gordian) to ask questions or request information as this may disqualify the Bidder from responding to this IFB. Sourcewell will not respond to questions submitted after the deadline.

C. ADDENDA. Sourcewell may modify this IFB; however, no Addenda will be issued later than 5 days prior to the Bid Due Date, except an Addendum that withdraws or postpones this IFB. Addenda issued by Sourcewell become a part of the IFB and will be delivered to potential Bidders through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a bid will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Bidder by checking the box for each addendum. It is the responsibility of the Bidder to check for any addenda that may have been issued up to the solicitation due date and time.

If an addendum is issued after a Bidder submitted its Bid, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Bidder's Bid status to INCOMPLETE. The Bidder can view this status change in the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account. The Bidder is solely responsible to check the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Bid (and up to the Bid due date). If the Bidder's Bid status has changed to INCOMPLETE, the Bidder is solely responsible to:
1) make any required adjustments to its bid,
2) acknowledge the addenda, and
3) ensure the re -submitted bid is received through the Sourcewell Procurement Portal no later than the Bid Due Date and time shown in the Solicitation Schedule above.

D. BID SUBMISSION. Bidder's complete bid must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule and on the Sourcewell Procurement Portal. Any other form of bid submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late bids will not be considered. It is the Bidder's sole responsibility to ensure that the bid is received on time. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Bidder has obtained this IFB from a third party, the onus is on the Bidder to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.

Within the Procurement Portal, all bids must be digitally acknowledged by an authorized representative of the Bidder attesting that the information contained in in the bid is true and accurate. By submitting a bid, Bidder warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Bidder to remedies available by law.

It is recommended that Bidders allow sufficient time to upload the bid and to resolve any issues that may arise. The time and date that a bid is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.

Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 449

Upon successful submission of a bid, the Portal will automatically generate a confirmation email to the Bidder. If the Bidder does not receive a confirmation email, contact Sourcewell's support provider at [email protected].

E. GENERAL BID REQUIREMENTS. Bids must be:
• In substantial compliance with the requirements of this IFB or it will be considered nonresponsive and be rejected
• Complete —a bid will be rejected if it is conditional or incomplete • Submitted in English
• Valid and irrevocable for 180 days following the Bid Due Date Any and all costs incurred in responding to this IFB will be borne by the Bidder.

F. BID MODIFICATION WITHDRAWAL. A submitted bid may not be modified, withdrawn, or cancelled by the Bidder for a period of 180 calendar days following the time and date designated for the receipt of bids. Prior to the deadline for submission of bids, any bid submitted may be modified or withdrawn through the Sourcewell Procurement Portal.

G. OPENING. The Opening of Bids will be conducted electronically through the Sourcewell Procurement Portal. A list of all Bidders will be made publicly available in the Sourcewell Procurement Portal after the Bid Due Date, but no later than the Opening time listed in the Solicitation Schedule.

To view the list of Bidders, verify that the Sourcewell Procurement Portal opportunities list search is set to "AII" or "Closed." The solicitation status will automatically change to "Closed" after the Bid Due Date and Time.

VIII. EVALUATION AND AWARD
A. EVALUATION. Only responsive bids will be evaluated. A responsive bid must have been submitted on time and materially satisfy all mandatory requirements identified in this IFB. Deviations or exceptions stipulated in Bidder's response, while possibly necessary in the view of the Bidder, may result in disqualification.

B. AWARD S). It is the intent of Sourcewell to award each Contract to the lowest, responsive, responsible Bidder(s) based on the Combined Adjustment Factor as calculated by Sourcewell within each Region.

C. CONTRACT TERM. The term of the resulting contract(s) awarded by Sourcewell under this solicitation will be one year. Sourcewell and Contractor may agree to up to five additional one-year extensions. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.

A Bidder will not be awarded more than one same scope Contract within any Region. The maximum number of contracts to be initially awarded for each geographic region and contract type are reflected in the tables below:

Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 450

Region 1:

General Building
2 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 2:

General Building
2 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 3:

General Building
2 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 4:

General Building
6 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 5:

General Building
6 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Paving
2 Contracts
Region 6:

General Building
6 Contracts
Electrical
2 Contracts
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 451

Paving
Mechanical/HVAC
2 Contracts
2 Contracts
Roofing/Waterproofing
2 Contracts
Region 7:

General Building
6 Contracts
Electrical
4 Contracts
Mechanical/HVAC
4 Contracts
Paving
4 Contracts
Roofing/Waterproofing
4 Contracts
Flooring
4 Contracts
Abatement Services
4 Contracts
Landscaping
2 Contracts
Painting
2 Contracts
Region 8:

General Building
20 Contracts
Electrical
6 Contracts
Mechanical/HVAC
6 Contracts
Paving
6 Contracts
Roofing/Waterproofing
6 Contracts
Flooring
4 Contracts
Abatement Services
4 Contracts
Painting
4 Contracts
Low Voltage Systems
4 Contracts
Fire Protection
2 Contracts
Plumbing
4 Contracts
Sanitation Systems
4 Contracts
Limited Specialty Contracts (C-61)
6 Contracts
Region 9:

General Building
8 Contracts
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 452

Electrical
4 Contracts
Mechanical/HVAC
4 Contracts
Paving
4 Contracts
Roofing/Waterproofing
4 Contracts
Flooring
4 Contracts
Abatement Services
4 Contracts
Painting
2 Contracts
Plumbing
4 Contracts
Landscaping
2 Contracts
Solar
2 Contracts
Region 10.'
General Building
4 Contracts
Electrical
2 Contracts
Mechanical/HVAC
2 Contracts
Painting
2 Contracts
Roofing/Waterproofing
2 Contracts
Sourcewell reserves the right to award additional contracts from this solicitation, above the stated maximum number, if it is determined to be in the best interests of Sourcewell and participating entities, for a period of 180 Days (or longer, if mutually agreeable to both the bidder and Sourcewell).

Sourcewell retains the right to waive any informality in a Bidder's response. Sourcewell reserves the right to reject all bids and advertise again if, in Sourcewell's opinion, the bids received do not meet or exceed the minimum needs and expectations of Sourcewell and its participating entities.

Competitive Range. If Sourcewell receives a wide margin of bid Adjustment Factors, either too high or too low, then the Sourcewell Bid evaluation committee may establish a Competitive Range for the IFB. If it is determined that a Bidder's Combined Adjustment Factor is too far outside the Competitive Range, then the Bidder can be removed from consideration. The Bidder will be notified that it was determined to be outside the Competitive Range after award of the contracts.

Unbalanced Bid. A Bid may be removed from consideration if it is determined that the Bidder has mathematically unbalanced its Bid to gain a competitive advantage. The Bid will be considered to be unbalanced if any Adjustment Factor is found to not cover the contractor's reasonable actual cost.

Those costs would include a reasonable prorated share of its anticipated profit, overhead cost, and other indirect costs that the bidder anticipates for the performance of the work as determined by the Sourcewell Bid Review Committee.

Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 453

Other Than Normal Working Hours Adjustment Factors. A Bidder's Other Than Normal Working Hours Adjustment Factors must be higher or equal to its Normal Working Hours Adjustment Factors.

IX. ASSIGNMENT OF WORK
See the Contract, and General Terms and Conditions for a detailed description of how work will be assigned.

X. PROTESTS OF AWARDS
Any protest made under this IFB by a Bidder must be in writing, addressed to Sourcewell's Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received no later than 10 calendar days following Sourcewell's notice of contract award(s) or non -award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time.

A protest must allege a procedural or technical defect, with supporting documentation. A request for re- evaluation of a bid's content will not be entertained.

A protest must include the following items:
• The name, address, and telephone number of the protester • The original signature of the protester or its representative • Identification of the solicitation by IFB number
• A precise statement of the relevant facts
• Identification of the alleged breakdown in procedure or technical issues • Identification of the legal or factual basis
• Any additional supporting documentation
• Protest bond in the amount of $20,000, except where prohibited by law or treaty Protests that do not address these elements will not be reviewed.

XI. RIGHTS RESERVED
This IFB does not commit Sourcewell to award any contract, and a bid may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Bids that contain false statements or do not support an attribute or condition stated by the Bidder may be rejected.

Sourcewell reserves the right to:
• Modify or cancel this IFB at any time
• Reject any and all bids received
• Reject bids that do not comply with the provisions of this IFB • Independently verify any information provided in a Bid • Disqualify any Bidder that does not meet the requirements of this IFB, is debarred or suspended by the United States or Canada, State of Minnesota, participating entity's state; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; • Waive or modify any informalities, irregularities, or inconsistencies in the bids received • Clarify any part of a bid
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 454

• Award a contract if only one responsive bid is received if it is in the best interest of participating entities
• Award a contract to one or more Bidders if it is in the best interest of participating entities XII. DISPOSITION OF BIDS
All materials submitted in response to this IFB will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591. It is the Bidder's responsibility to clearly identify any data submitted that it considers to be protected. Bidder must also include a justification for the classification citing the applicable Minnesota law.

Sourcewell will not consider the prices submitted by the Bidder to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Bidder is not considered trade secret under the statutory definition.

The Bidder understands that Sourcewell will reject bids that are marked confidential nonpublic, either substantially or in their entirety.
[Map of Regions to Follow]
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 455

MAP OF

SOURCEWELL CONTRACT

REGIONS
Solicitation #CA -101723
Sourcewell Cafifania
SOtOCewel
CORC4r40 RegG'i
SaUTCeweV
Ccficir u Regain 2
scvicewe!
Corfu -;o Reg ""c.,,n 4
Sc>c4CeweP
Co5tuk, Regain 5
Region 1
Colusa
Humboldt
Tehama
Del Norte
Lake
Trinity
Glenn
Mendocino
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 456

Region 2
Butte
Plumas
Sierra
Lassen
Shasta
Siskiyou
Modac
Region 3
El Dorado
Placer
Sutter
Nevada
Sacramento
Yuba
Region 4
Contra Costa
Napa
Sonoma
Marin
Solano
Yolo
Region 5
Fresno
Merced
Stanislaus
Kings
San Joaquin
Tulare
Madera
Region 6
Alameda
San Francisco
Santa Clara
Monterey
San Mateo
Santa Cruz
San Benito
Region 7
Kern
Santa Barbara
Ventura
San Luis Obispo
Region 8
Los Angeles
Riverside
San Bernardino
Orange
Region 9
Imperial
San Diego
Region 10
Alpine
Inyo
Mono
Amador
Mariposa
Tuolumne
Calaveras
Rev. 4/2023
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 457

09/13/2023
Addendum No. 1
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.

Updated San Diego Housing Commission Provisions, Terms and Conditions, Forms, have been uploaded to the document section of the bid details page. The document originally posted for this IFB as a .ZIP file entitled "San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms" has been removed and the updated Provisions, Terms and Conditions, and Forms have been uploaded to the Sourcewell Procurement Portal. Please download the .ZIP folder again, now entitled "Updated_ San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms" to ensure you have the correct documents.

The following listed original files has been removed from the IFB:

San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms The following listed files have been inserted in the IFB and are found in the revised .ZIP file:

Updated_ San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms End of Addendum
Acknowledgement of this Addendum to IFB CA -101723 posted to the Sourcewell Procurement Portal on 09/13/2023, is required at the time of proposal submittal.

Exhibit 2 458

09/13/2023
Addendum No. 2
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

CTC specs for region 4,6,7,8 appear to be damaged files and are unable to be opened. Can new files please be uploaded?
Answer 1:

An error in downloading the files contained in ZIP folder IFB_CA- 1O1723_CTC(s),_Contract_Template,_Technical_Specifications,_Terms_and_Conditions has been identified.

The folder posted to the documents section for this IFB entitled "IFB_CA- 101723_CTC(s),_Contract_Template,_Technical_Specifications,_Terms_and_Conditions.zip" has been updated with new CTC's for Region's 4, 5, 6, and 7. Please redownload the folder to access these new CTC documents.

End of Addendum
Acknowledgement of this Addendum to IFB CA -101723 posted to the Sourcewell Procurement Portal on 09/13/2023, is required at the time of proposal submittal.

Exhibit 2 459

09/19/2023
Addendum No. 3
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Can past awarded adjustment factors be provided?
Answer 1:

Contract documentation, including the bid tabulation, for past solicitations is maintained on the Sourcewell website. For examples of current Sourcewell-awarded IDIQ contracts, navigate to the page on the Sourcewell website at the following address:
https://www.sourcewel l-mn.gov/cooperative-purchasing-eziqc/search.

Question 2:

The ZIP folder titled
"Updated_San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms" cannot be opened, the error states that the path is too long. Is it possible to shorten the name of the file so it can be opened?
Answer 2:

An error in downloading the files contained in ZIP folder "Updated_San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms" has been identified.

The file name under the heading
"Updated_San_Diego_Housing_Commission_Provisions,_Terms_and_Conditions,_Forms" has been shortened and can now be opened. Download this file to access the documents.

Exhibit 2 460

Question 3:

We have reviewed the IFB documents but do not find any bid submission documents? Are the bid documents going to be released at a later date? Answer 3:

All solicitation documents have been uploaded to the Sourcewell Procurement Portal. All bids must be submitted through the Sourcewell Procurement Portal.

End of Addendum
Acknowledgement of this Addendum to IFB #CA -101723 posted to the Sourcewell Procurement Portal on 09/19/2023, is required at the time of proposal submittal.

Exhibit 2 461

09/25/2023
Addendum No. 4
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.
***Due to a technical error, Table 1: Bidder Identity, was omitted. This table has now been added to the Sourcewell Procurement Portal.***
Question 1:

I am unclear on the bonding requirement necessary for this bid. What are the bonding requirements to submit a bid to this solicitation? Do we present our current bonding capability, and then Sourcewell determines if it is sufficient for the contract? Or is there a given level of bonding capability that we need to show? Answer 1:

The bonding requirement to submit a bid for this solicitation is to simply provide a current letter from your bonding company stating what your capacity is. It is up to you and the bonding company to determine how best to present this information, but typically a single and aggregate total is provided.

On a per project basis, additional bonds may be required by the Participating Entity.

Refer to General Terms and Conditions, specifically article IV, L, Bonds: Payment and Performance or Material and Workmanship.

End of Addendum
Acknowledgement of this Addendum to IFB #CA -101723 posted to the Sourcewell Procurement Portal on 09/25/2023, is required at the time of proposal submittal.

Exhibit 2 462

09/29/2023
Addendum No. 5
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

If a Parent Company has multiple trade subsidiaries with separate tax identification numbers and business licenses, should they submit as the Parent Company listing the subsidiary groups and ID numbers? Should the subsidiaries all submit separately? Answer 1:

A Parent Company may demonstrate its willingness and capability of providing all or a majority of the work as specified in the Construction Task Catalog through subcontracts with its subsidiary companies.

Article III, Part C requires Bidders responding to the trade -specific contract opportunities listed in the IFB to perform at least 51% of the contracted work through its own forces.

If any Bidder for a trade -specific contract opportunity cannot itself complete at least 51% of the contracted work, the Bidder may be deemed nonresponsive.

Article IV, Part B states a Bid is a representation of the Bidder that "its Bid is premised upon performing and furnishing the Work required by this IFB." If a Bidder is not able to perform or furnish the Work as demonstrated through the requirements of Article III, the Bidder may be deemed nonresponsive.

Bidders should ensure it is responsive to the requirements as defined in Article III based upon the type of contract opportunity for which it intends to Bid.

Question 2:

What is the local office requirement?
Exhibit 2 463

Answer 2:

Refer to IFB Article II I, D. "Bidders must demonstrate a physical presence within the geographic boundary of the region(s), or adjacent region(s) to which they are bidding as identified in the Map of Sourcewell Contract Regions."
Question 3:

The general contractor is to provide adjustment factors for self -performed tasks. Do we provide adjustment factors for subcontracted work as well? Answer 3:

The general contractor will provide an adjustment factor to cover all tasks in the Construction Task Catalog. The adjustment factor includes work that may be self - performed or completed by a subcontractor.

Question 4:

Will as -built drawings be required in a specific format? i.e. CAD, Revit, Acrobat, basic hand drawn?
Answer 4:

The necessity and format of as -built drawings will be determined on a project -by -project basis and determined during the Joint Scope Meeting.

Question 5:

Regarding construction trailers, if the contractor does not need a trailer, but the owner is stating they want one for the project, then we use the catalog to add the trailer to the proposal? Does the catalog include power, furniture, etc.? Answer 5:

If the owner is requiring an on -site construction trailer, then costs for the trailer, equipment, furniture, power can be pulled out of line items from the CTC. Determinations on this are often made during the Joint Scope Meeting.

Question 6:

We have a headquarter office in Los Angeles County and have a branch trailer office in Santa Barbara County. Can we use that trailer office address and bid the contract for Region 7?
Answer 6:

Refer to question two of this addendum and IFB Article III, D.

Exhibit 2 464

Question 7:

Is there an estimated number of bidders that you're expecting? Answer 7:

No.

End of Addendum
Acknowledgement of this Addendum to IFB #CA -101723 posted to the Sourcewell Procurement Portal on 09/29/2023, is required at the time of proposal submittal.

Exhibit 2 465

10/02/2023
Addendum No. 6
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Can you please clarify if the bid opening on 10/17 is virtual and open for bidders to attend?
Answer 1:

Refer to Article V, Part G of the IFB also noted below for reference.

OPENING. The Opening of Bids will be conducted electronically through the Sourcewell Procurement Portal. A list of all Bidders will be made publicly available in the Sourcewell Procurement Portal after the Bid Due Date, but no later than the Opening time listed in the Solicitation Schedule.

Question 2:

What is the procedure for bidding on multiple contract opportunities within a region? For example there are 20 General Building contracts available in Region 8. To bid all 20 contracts do you change the factor for each contract and submit? Answer 2:

You will only enter one set of adjustment factors for each trade per region being bid.

The same adjustment factors are used for all the same trade opportunities. For example, there are 20 contract opportunities available for General Building in Region 8 and you will use one adjustment factor for all. The 20 lowest bids based on combined adjustment factors will receive a contract.

Exhibit 2 466

End of Addendum
Acknowledgement of this Addendum to IFB #CA -101723 posted to the Sourcewell Procurement Portal on 10/02/2023, is required at the time of proposal submittal.

Exhibit 2 467

10/11/2023
Addendum No. 7
Solicitation Number: IFB #CA -101723
Solicitation Name: Indefinite Delivery -Indefinite Quantity Construction - California Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Is there a self performance requirement for bidders responding to a General Building solicitation?
Answer 1:

Refer to IFB Article III, Part B. "Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog either through its own forces or by using subcontractors. Bidder must provide documentation of all applicable required licensure(s)."
Question 2:

For Table 3: Office Address(s), is the Contractor required to have a fully operating office in each region that its submitting the bids for? For example, would a physical office address of a Contractor's headquarter in Los Angeles County be suitable to submit for a bid for Region 9 (San Diego, Imperial)?
Answer 2:

Refer to IFB Article III, Part D. Each bidder must have a physical presence in or adjacent to each region to which they are submitting a bid. In the example, Los Angeles County is in Region 8 which is adjacent to Region 9 on the Map of Sourcewell Contract Regions making the office location in Los Angeles County suitable to bid in Region 9.

Exhibit 2 468

Question 3:

Can a contractor make a request to see a sample bid package? Answer 3:

Contract documentation, including the bid tabulation, for past solicitations is maintained on the Sourcewell website. For examples of current Sourcewell-awarded IDIQ contracts, navigate to the page on the Sourcewell website at the following address:
https://www.sourcewel l-mn.gov/cooperative-purchasing-ezigc/search.

End of Addendum
Acknowledgement of this Addendum to IFB #CA -101723 posted to the Sourcewell Procurement Portal on 10/11/2023, is required at the time of proposal submittal.

Exhibit 2 469

r
Indefinite Delivery -Indefinite Quantity Construction Contract General Terms and Conditions
for
Solicitation: IFB #CA -101723
I. DEFINITIONS
The following definitions apply to all articles of the Contract and General Terms and Conditions.

A. ADJUSTMENT FACTORS. The Contractor's competitively bid price adjustment to the Unit Prices that are published in the Construction Task Catalog. Adjustment Factors are expressed as an increase to or decrease from the Construction Task Catalog's published prices and may be modified periodically during the term of this Contract, through written amendment.

B. BID SAFE. A proprietary software product of Gordian that offers a secure, online construction procurement process. This software may not be applicable in a particular region or project.

C. CONSTRUCTION TASK CATALOG CTC). The CTC is Gordian's proprietary comprehensive listing of specific construction -related tasks created and customized for the solicitation under which this Contract was awarded. Each task has an assigned specific unit of measurement and Unit Price using current local labor, material, and equipment costs. The CTC, which is incorporated by reference into this Contract, and may be amended periodically during the term of this Contract, upon mutual agreement of the parties.

D. CONTRACT DOCUMENTS. The following documents comprise the Contract Documents in the following order of precedence:

1. Participating Entity's Purchase Order which may include plans, drawings, and supplemental technical specifications

2. Standard specifications of the Participating Entity (if any)1

3. This Contract, which also includes the General Terms and Conditions

4. Construction Task Catalog

5. Technical Specifications
' San Diego Housing Commission provisions, contract terms and conditions, and forms have been provided as a downloadable document in the documents section of this IFB's Bid Details page. These documents apply to all work being performed for the San Diego Housing Commission.

Rev. 4/2021
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 470

E. DAYS. Calendar days, unless specifically stated otherwise.

F. DETAILED SCOPE OF WORK. A document created by the Participating Entity, in conjunction with the Gordian and the Contractor, following a Joint Scope Meeting that details the work the Contractor will perform for a particular Purchase Order.

G. THE GORDIAN GROUP, INC. OR GORDIAN. Sourcewell's designated representative and contract administrator for this Contract. Gordian's support includes preparing Construct Task Catalogs and related technical specifications, providing information management systems, training to contractors, administering fee collection, and assisting with proposal or work order development.

H. HOLIDAYS. Specific days designated as legal holidays of Participating Entity, including those designated holidays under its Project Labor Agreement, and those days that Sourcewell designates as Holidays: New Year's Day (January 1), Memorial Day, Independence Day (July 4), Labor Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve Day (December 24), and Christmas Day (December 25); when a holiday falls on a Saturday, the preceding Friday will be observed as a holiday and when it falls on a Sunday, the following Monday will be observed as a holiday.

I. JOINT SCOPE MEETING. The Contractor, Participating Entity representative, and Gordian representative assemble at the Site to discuss the Project and Scope of Work. The Participating Entity will present the Project in detail, with a job site visit by the Contractor, prior to preparing and submitting a Detailed Scope of Work.

J. NON -PRE -PRICED TASK NPP). A task not included in the Construction Task Catalog, but that is within the general scope and intent of this Contract.

K. PARTICIPATING ENTITY. An entity accessing this Contract in order to accomplish the work with the Contractor. Participating entities include state and local government, education, nonprofit, tribal government, and other public agencies located within the Region described in the Contract.

L. PRICE PROPOSAL. The proposed pricing document prepared for the Participating Entity by the Contractor using the Construction Task Catalog, Adjustment Factors, and appropriate quantities.

M. PROJECT. The work to be accomplished by the Contractor in satisfaction of a requirement or group of related requirements pursuant to one or more Purchase Orders.

N. PROJECT MANAGER. The person or firm designated by a Participating Entity and authorized to represent the Participating Entity in connection with a signed Purchase Order.

O. PROPOSAL PACKAGE. A group of documents and files consisting of the: Price Proposal; incidental drawings, sketches, or specification information; quantity take -offs supporting all material quantities; catalog cuts providing information on materials or products, as specifically Rev. 4/2021 Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 471

requested; list of known Subcontractors; construction schedule; back-up for any Non Pre -Priced Tasks; warranty information on special equipment or materials; and or other such documentation as the Participating Entity may require.

P. PURCHASE ORDER. The document establishing the engagement by the Participating Entity to the Contractor to complete a Detailed Scope of Work for the Purchase Order Price within the Purchase Order Completion Time. The Purchase Order may consist of a notice to proceed, signed work order, or other Participating Entity required documentation.

Q. PURCHASE ORDER COMPLETION TIME. The period of time set forth in the Purchase Order by which the Contractor must complete the Detailed Scope of Work.

R. PURCHASE ORDER PRICE. The value of the approved Price Proposal and not to exceed price to be paid to the Contractor by the Participating Entity for completing the Detailed Scope of Work within the Purchase Order Completion Time.

S. REQUEST FOR PROPOSAL. The Participating Entity's written request for a contractor to prepare and submit a Proposal Package for a specific Detailed Scope of Work. A request for proposal is not a guarantee of work.

T. SITE. The area upon or in which the Contractor performs the Detailed Scope of Work and such other areas adjacent thereto as may be designated by the Participating Entity.

U. SUBCONTRACTOR. Any person, firm, or corporation, other than employees of the Contractor, that contracts with the Contractor or its subcontractors to furnish, or actually furnishes labor, or labor and materials, or labor and equipment, at the Site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.

V. SUPPLEMENTAL PURCHASE ORDER. A purchase order issued to add, delete, or change work from an existing related Purchase Order.

W. TECHNICAL SPECIFICATIONS. The comprehensive listing of standards for quality of workmanship and materials, and the standard for the required quality of the work. The Technical Specifications are numbered and organized in the Construction Specification Institute's (CSI) master format. All specifications are filed in divisions per CSI guidelines. Except when substitutions are clearly impermissible, all references in the Technical Specifications or the CTCto a specific manufacturer, trade name, or catalog is intended to be descriptive but not restrictive and only to indicate to the Contractor those items that will be satisfactory.

X. UNIT PRICE. The price published in the Construction Task Catalog for a task.

Y. WORK. The labor, material, equipment, and services necessary or convenient to the completion of Purchase Order(s).

II. PARTICIPATING ENTITY CONTRACT ACCESS
Rev. 4/2021
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 472

The benefits of this Contract should be available to all Participating Entities that can legally access the Scope of Work of this Contract. Any entity accessing the benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. The Contractor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and that each Participating Entity reserves the right to obtain construction services from any other source.

III. GENERAL CONDITIONS FOR PERFORMING WORK
A. COMPLIANCE.

1. Legal and Contractual. The work will be conducted by the Contractor in strict compliance with this Contract and all applicable federal, state, and local laws, regulations, codes, directives, standards, and specifications; this includes, but is not limited to city building codes, the specific Detailed Scope of Work, and Technical Specifications of a Purchase Order. If the Purchase Order specifies a standard that is different or more stringent that a particular law, code, or regulation, the standard set forth in the Purchase Order will control.

2. Licenses. The Contractor must maintain valid and current federal, state, and local licenses, bonds, and permits required for the operation of the business that the Contractor conducts with Sourcewell and Participating Entities. The Contractor will keep these documents properly posted at the Site at all times during the performance of the work.

3. Permits and Filings. The Contractor will make the necessary arrangements for and obtain all filings and permits required for the work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required therefor. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit, or any other permit fee to the city, state or some other governmental or regulatory agency, then the amount of such fee paid by the Contractor will be treated as a reimbursable task to be paid a mark-up of 10%. The Contractor will submit a copy of the receipt for payment of such fees. The 10% mark-up will cover all costs over and above the filing and permit fees, including expeditor fees.

B. PUBLIC FACILITIES, IDENTIFICATION, AND SECURITY REQUIREMENTS. The Contractor's employees may be required to perform work at government -owned facilities, including schools.

The Contractor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with the applicable Participating Entity's policies and procedures, and all applicable laws. The Contractor will comply with all identification and security requirements that the Participating Entity may establish.

In the event the Contractor is required to work within a secured facility where labor, material, and equipment must be inspected to pass through a secured perimeter, and all work must be constantly monitored by facility personnel (such as a department of corrections prison) the Contractor will be paid for the labor time lost as a result of such perimeter inspection, as well as any loss of time resulting from a temporary shut down of the work site required by the facility (such as a temporary shut down to move prisoners).

Rev. 4/2021
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 473

C. CONTRACTOR RECORDS AND REPORTS. The Contractor will maintain accurate and complete records, files and libraries of documents to demonstrate compliance with federal, state, and local regulations, codes, applicable laws listed herein; including manufacturers' instructions and recommendations which are necessary and related to the work to be performed.

The Contractor will prepare and submit required reports, maintain current record drawings, and submit required information to Gordian and/or the Participating Entity, as applicable. The Contractor will provide: materials lists that include trade names and brand names, and model materials lists that include trade names, brand names, model number, and ratings (if appropriate) for all materials necessary to complete the Purchase Order. Upon full payment for the Project, the documents created by Contractor for the Participating Entity that are specific to the Project will become the property of the Participating Entity; including all applicable intellectual property rights.

D. GORDIAN IQCC SYSTEM. Gordian's proprietary IQCC system includes Gordian's proprietary JOC software applications (JOC Applications) and construction cost data (Construction Task Catalog°), which shall be used by the Contractor solely for the purpose of fulfilling its obligations under this Contract, including the preparation and submission of Price Proposals, subcontractor lists, and other requirements specified by the Owner. Contractor's use, in whole or in part, of Gordian's JOC Applications, Construction Task Catalog° and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for the Owner is strictly prohibited unless otherwise approved in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License:

IQCC System License
Gordian hereby grants to the Contractor for the term of this Contract, a non-exclusive right, non -transferable, privilege, and license to Gordian's proprietary IQCC System (comprised of the JOC software applications and support documentation, the CTC, construction cost data, Technical Specifications, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian (collectively referred to as "Proprietary Information"). The Proprietary Information will be used for the sole purpose of executing Contractor's responsibilities to Sourcewell and the Participating Entities under this Contract ("Limited Purpose"). In the event this Contract expires or terminates as provided herein, or the Gordian's contract with Sourcewell expires or terminates, this IQCC System License will terminate and the Contractor will return all Proprietary Information in its possession to Gordian.

Contractor acknowledges that Gordian will retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets.

Contractor will have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor must not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information.

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Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Contract, and must at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Contract by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian will be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Contract or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party will be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney's fees.

In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Contract or any Order, Purchase Order or similar purchasing document (Purchase Order) issued by Sourcewell or a Participating Entity, this IQCC System License will take precedence.

E. REVIEW OF FIELD CONDITIONS. Before submitting a Price Proposal, the Contractor must:
carefully study the Detailed Scope of Work, as well as the information furnished by the Participating Entity; take field measurements of any existing conditions related to the work; and observe any conditions at the Site affecting the Price Proposal. Any design errors or omissions, other errors, inconsistencies, or omissions discovered by the Contractor must be reported promptly to the Project Manager. It is recognized that the Contractor's review is made in the Contractor's capacity as a Contractor and not as a licensed design professional. The Contractor is not required to ascertain that the Detailed Scope of Work is in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, any nonconformity discovered by or made known to the Contractor must be reported promptly to the Project Manager.

F. PERSONNEL. The Contractor will employ competent personnel for the development of the Project's Detailed Scope of Work, the preparation of the Price Proposal and the execution of the work. During the performance of the work, the superintendent assigned to the Project will represent the Contractor, and communications given to the superintendent will be as binding as if given to the Contractor. Important communications must be confirmed in writing. Other communications will be similarly confirmed on written request in each case.

G. SUPERVISION. The Contractor must enforce strict discipline and good order among the Contractor's employees and other persons carrying out the work. The Contractor will supervise and direct the performance of the Detailed Scope of Work, using the Contractor's best skill and attention. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work. If the Detailed Scope of Work gives specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor will evaluate the Site safety thereof and, except as stated below, will be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that Rev. 4/2021 Sourcewell IFB #CA -101723
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such means, methods, techniques, sequences or procedures may not be safe, the Contractor will give timely written notice to the Project Manager and will not proceed with that portion of the work without further written instructions from the Project Manager.

The Contractor will be responsible to the Participating Entity for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the work for or on behalf of the Contractor or any of its Subcontractors.

The Contractor will be responsible for inspection of portions of work already performed to determine that such portions are in proper condition to receive subsequent work.

H. WORKMANSHIP AND QUALITY. The Contractor may make substitutions only with the written consent of the Project Manager. The Contractor will not permit employment of unfit persons or persons not skilled in the portions of the work assigned to them.

I. SHOP DRAWINGS, PRDUCT DATA, AND SAMPLES.

1. Shop drawings, product data, samples, and similar submittals are not considered as Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Detailed Scope of Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Detailed Scope of Work.

Submittals that are not required by the Contract Documents may be returned by the Project Manager without action.

2. The Contractor must review for compliance with the Contract Documents, approve and submit to the Project Manager shop drawings, product data, samples and similar submittals required with reasonable promptness and in such sequence as to cause no delay in the work or in the activities of the Participating Entity or of separate contractors. Submittals that are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Project Manager without action.

3. By approving and submitting shop drawings, product data, samples and similar submittals, the Contractor represents that it has determined and verified materials, field measurements, and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Detailed Scope of Work and of the Contract Documents.

4. The Contractor must perform no portion of the work for which the Contract Documents require submittal and review of shop drawings, product data, samples, or similar submittals until the respective submittal has been approved by the Project Manager.

5. The work will be performed in accordance with approved submittals except that the Contractor will not be relieved of responsibility for deviations from requirements of the Contract Documents by the Project Manager's approval of shop drawings, product data, samples or similar submittals unless the Contractor has specifically informed the Project Manager in writing of such deviation at the time of submittal and a) the Project Rev. 4/2021
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Manager has given written approval to the specific deviation as a minor change in the work, or b) a Supplemental Purchase Order or written notice has been issued authorizing the deviation. The Contractor will not be relieved of responsibility for errors or omissions in shop drawings, product data, samples or similar submittals by the Project Manager's approval thereof.

6. The Contractor will direct specific attention, in writing or on resubmitted in shop drawings, product data, samples or similar submittals, to revisions other than those requested by the Project Manager on previous submittals. In the absence of such written notice the Project Manager's approval of a resubmission will not apply to such revisions.

7. All costs for normal submittal information (shop drawings, cut sheets, performance information, installation or erection drawings, etc.) are included in the CTC line item costs.

8. The Contractor will not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically requested by the Participating Entity and required by the Detailed Scope of Work; or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures, and such services are approved by the Participating Entity. The Contractor will not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Detailed Scope of Work, the Participating Entity will specify all performance and design criteria that such services must satisfy, and the costs associated with such services will be represented by including the appropriate tasks from the CTC. The Contractor will cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, shop drawings and other submittals prepared by such professional. Shop drawings and other submittals related to the work designed or certified by such professional, if prepared by others, will bear such professional's written approval when submitted to the Project Manager. The Participating Entity will be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Participating Entity has specified to the Contractor all performance and design criteria that such services must satisfy. The Project Manager will review, approve, or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Detailed Scope of Work. The Contractor will not be responsible for the adequacy of the performance or design criteria required by the Detailed Scope of Work. The Participating Entity will have the right to provide, or designate a representative to provide, any architectural or engineering services necessary for completion of the Work.

J. CUTTING AND PATCHING.

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1. The Contractor will be responsible for cutting, fitting, or patching required to complete the Detailed Scope of Work or to make its parts fit together properly.

2. The Contractor will not damage or endanger a portion of the work, or fully or partially completed construction of the Participating Entity or separate contractors, by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor will not cut or otherwise alter such construction by the Participating Entity or a separate contractor except with written consent of the Participating Entity and of such separate contractor. The Contractor will not unreasonably withhold from the Participating Entity or a separate contractor the Contractor's consent to cutting or otherwise altering the work.

K. CLEAN UP.

1. The Contractor will keep the Site and surrounding areas free from accumulation of waste materials or rubbish caused by operations under the Purchase Order. At completion of the work, the Contractor will remove from and about the Site all waste materials, rubbish, Contractor's tools, construction equipment, machinery, and surplus materials.

2. If the Contractor fails to clean up, the Participating Entity may do so, and the cost thereof will be charged to the Contractor.

L. ACCESS TO THE WORK. The Contractor will provide the Project Manager access to the work at all times.

M. SUBCONTRACTORS.

1. The Contractor, as soon as practicable after award of the Purchase Order, will furnish in writing to the Project Manager the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each portion of the work. The Project Manager will promptly reply to the Contractor in writing stating whether or not, after due investigation, the Contractor has reasonable objection to any such proposed person or entity. Failure of the Project Manager to reply promptly will constitute notice of no reasonable objection.

2. The Contractor will not subcontract with a proposed person or entity with whom the Participating Entity or Project Manager has made reasonable and timely objection.

Similarly, the Contractor will not be required to subcontract with anyone with whom the Contractor has made reasonable objection.

3. If the Participating Entity or Project Manager has reasonable objection to a subcontractor proposed by the Contractor, the Contractor will propose another to whom the Participating Entity or Project Manager has no reasonable objection.

N. COORDINATION WITH OTHER CONTRACTORS.

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1. The Participating Entity reserves the right to perform construction or operations related to the Purchase Order with the Participating Entity's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the Site.

2. The Participating Entity will provide for coordination of the activities of the Participating Entity's own forces and of each separate contractor with the work of the Contractor, who will cooperate with them. The Contractor will participate with other separate contractors and the Participating Entity in reviewing their construction schedules when directed to do so. The Contractor will make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules will then constitute the schedules to be used by the Contractor, separate contractors, and the Participating Entity until subsequently revised.

O. PROPRIETARY RIGHTS, PATENT AND COPYRIGHT INFRINGEMENT.

1. Contractor will defend any action or proceeding brought against Sourcewell or any Participating Entity based on any assertion or claim that the Work, or any part thereof, or the operation thereof or use of the Work or any part thereof, constitutes infringement of any third party proprietary rights, trademark, patent or copyright, now or hereafter issued "Proprietary Rights." Contractor will defend, indemnify and hold harmless Sourcewell or any Participating Entity from and against all damages and costs, including attorney's fees, awarded against Sourcewell or Participating Entity or Contractor in any such action or proceeding. Contractor further agrees to keep Sourcewell and any Participating Entity informed of all developments in the defense of such actions or proceedings.

2. In the event a Participating Entity is enjoined from the completion of the Work, or any part thereof in connection with any claim of infringed proprietary rights, Contractor will at it sole expense take reasonable steps to procure the right or license to operate or use the Work. If Contractor cannot so procure the aforesaid right within a reasonable time, Contractor will then, promptly at Contractor's option and Contractor's expense and in consultation with the Participating Entity, (a) modify the Work so to avoid infringement of any Proprietary Rights; or (b) replace said Work with Work that does not infringe or violate any such Proprietary Rights.

3. Sections 1 and 2 above will not be applicable to any action or proceeding based on infringement or violation of a Proprietary Right (a) relating solely to a particular process or the product of a particular manufacturer specified by the Participating Entity and such processes or products are something other than that which has been offered or recommended by Contractor to the Participating Entity; or (b) arising from modifications to the Work by the Participating Entity or its agents after acceptance of the Work.

P. REQUESTS OF EXTENSION OF TIME.

1. The Purchase Order Completion Time will be extended for such reasonable time as the Project Manager may determine, if the Contractor is delayed at any time in the commencement or progress of the Detailed Scope of Work by:

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• An act or neglect of the Participating Entity or its Project Manager, their employees, or agents
• A separate contractor employed by the Participating Entity • Changes ordered in the work by the Participating Entity • Labor disputes or civil unrest
• Fire
• Unusual delay in deliveries
• Unavoidable casualties or other causes beyond the Contractor's control • Other causes for which the Project Manager may determine justify a delay

2. The Contractor will not make any claim for damages for the delay in the performance of any Purchase Order occasioned by any act or omission of the Participating Entity, Project Manager, or any of their representatives; and agrees that any such claim will be fully compensated for by an extension of time as provided herein.

Q. PARTIAL OCCUPANCY OF TIME.

1. The Participating Entity may occupy or use any completed or partially completed portion of the work at any stage when it is consented to by the authorized public authorities having jurisdiction over the work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Participating Entity and the Contractor agree in writing to the conditions of such use, including payment and any other required terms. Consent of the Contractor to partial occupancy or use will not be unreasonably withheld.

2. Immediately prior to such partial occupancy or use, the Participating Entity, the Contractor and Project Manager will jointly inspect the area to be occupied or portion of the work to be used in order to determine and record the condition of the work.

3. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the work will not constitute acceptance of work that does not comply with the requirements of the Contract Documents.

R. PROTECTION OF PERSONS AND PROPERTY. The Contractor must take reasonable precautions for safety of, and will provide reasonable protection to prevent damage, injury, or loss to:

1. Employees on the work and other persons who may be affected thereby;

2. The work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or sub -subcontractors; and

3. Other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

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The Contractor will give notices and comply with applicable laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.

The Contractor will erect and maintain, as required by existing conditions and performance of the Detailed Scope of Work, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying Participating Entity and users of adjacent sites and utilities.

When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the work, the Contractor will exercise utmost care and carry on such activities under supervision of properly qualified personnel.

The Contractor will promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by the Contractor, a Subcontractor, a sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible, except damage or loss attributable to acts or omissions of the Participating Entity or Project Manager or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's other obligations included herein.

The Contractor will designate a responsible member of the Contractor's organization at the Site whose duty will be the prevention of accidents. This person will be the Contractor' superintendent unless otherwise designated by the Contractor in writing to the Project Manager.

The Contractor will not permit any part of the construction or Site to be loaded in a manner that endangers safety.

S. HAZARDOUS MATERIALS.

1. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to lead based paint, asbestos or polychlorinated biphenyl (PCB), encountered on the Site by the Contractor, the Contractor will, upon recognizing the condition, immediately stop the work in the affected area and report the condition to the Project Manager in writing.

2. The Participating Entity will obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Participating Entity will furnish in writing to the Contractor and Project Manager the Rev. 4/2021
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Exhibit 2 481

names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the Task of removal or safe containment of such material or substance. The Contractor and the Project Manager will promptly reply to the Participating Entity in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Participating Entity. If either the Contractor or Project Manager has an objection to a person or entity proposed by the Participating Entity, the Participating Entity will propose another to whom the Contractor and the Project Manager have no reasonable objection. When the material or substance has been rendered harmless, the work in the affected area will resume upon written agreement of the Participating Entity and Contractor. The Purchase Order Completion Time will be extended appropriately.

3. The Participating Entity will not be responsible for materials and substances brought to the Site by the Contractor unless such materials or substances were required by the Detailed Scope of Work.

T. TESTS AND INSPECTIONS.

1. Tests, inspections and approvals of portions of the work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction will be made at an appropriate time. Unless otherwise provided, the Contractor will make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Participating Entity, or with the appropriate public authority. The Contractor will give the Project Manager timely notice of when and where tests and inspections are to be made so that the Project Manager may be present for such procedures.

2. If the Project Manager, Participating Entity, or public authorities having jurisdiction determine that portions of the work require, through no fault of the Contractor, additional testing, inspection or approval, the Project Manager will instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Participating Entity, and the Contractor will give timely notice to the Project Manager of when and where tests and inspections are to be made so that the Project Manager may be present for such procedures. Such costs will be at the Participating Entity's expense.

3. If such procedures for testing, inspection or approval reveal failure of the portions of the work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Project Manager's services and expenses will be at the Contractor's expense.

4. Required certificates of testing, inspection or approval will, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Project Manager.

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5. If the Project Manager is to observe tests, inspections or approvals required by the Contract Documents, the Project Manager will do so promptly and, where practicable, at the normal place of testing.

6. Tests or inspections conducted pursuant to the Contract Documents will be made promptly to avoid unreasonable delay in the work.

U. PARTICIPATING ENTITY'S RIGHT TO STOP WORK AND COMPLETE WORK. A Participating Entity may order the Contractor to stop the work on any Purchase Order, or any portion thereof, at any time for any reason. If the Contractor has been ordered to stop the work, the Participating Entity may, without prejudice to other remedies, have the work completed by any available means.

V. SURVIVAL OF WORK. Any Purchase Order issued prior to the expiration of this Contract may survive after the expiration of this Contract. This means work may continue to be performed, payments may be made, and the guarantee period may continue.

W. WARRANTY. All work furnished under this Contract will be guaranteed against defective materials and workmanship, improper performance, and non-compliance with the Contract Documents for a period of one year after final acceptance of the work (Warranty Period); except as otherwise specified in other parts of the Contract Documents, or within such longer period of time as may be prescribed by law or provided by the manufacturer.

During the Warranty Period, the Contractor will repair and replace at Contractor's own expense, all work that may develop defects whether such defects may be inherent in the equipment or materials, in the functioning of the piece of equipment, or in the functioning and operation of pieces of equipment operating together as a functional unit. Any equipment or material that is repaired or replaced will have the Warranty period extended for a period of one year from the date of the last repair or replacement.

If the Contractor fails to repair, replace, rebuild, or restore such defective or damaged work promptly after receiving such notice, the Participating Entity will have the right to have the work done by others and to deduct the cost thereof from the monies owed to the Contractor. If the amount owed is insufficient to cover such costs, the Contractor will be liable to pay such deficiency on demand. The Project Manager's certificate setting forth the fair and reasonable cost of repairing, replacing, rebuilding or restoring any damaged or defective work when performed by one other than the Contractor will be binding and conclusive as the amount thereof upon the Contractor.

The Contractor must obtain all manufacturer's warrantees and guarantees of all equipment and materials required by this Contract in the name of the Participating Entity.

IV. SCOPE AND PROCEDURE FOR ORDERING WORK
A. REGION. The Contractor will primarily perform work in the Region designated at the top of this Contract. However, if the parties agree, the Contractor may work in another area using its awarded Adjustment Factors and appropriate Construction Task Catalog. If a contractor does not have a contract for the area work in which the work is to be performed, but maintains more Rev. 4/2021 Sourcewell IFB #CA -101723
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than one contract with Sourcewell, it will use the contract that results in the lowest price for the Participating Entity.

B. SCOPE. Work will be offered to the Contractor only through an authorized Purchase Order issued in accordance with this Contract. Purchase Orders will contain the Detailed Scope of Work required for the Contractor to complete the Project for a Participating Entity. The Contractor will provide all pricing, management, incidental drawings, shop drawings, samples, documents, work, materials, supplies, parts (to include system components), transportation, plant, supervision, labor, and equipment needed to complete each Purchase Order. The Contractor will also be responsible for Site safety as well as Site preparation and cleanup during and after construction.

The Contractor is not guaranteed to receive a Purchase Order under this Contract.

C. CONTRACTOR SELECTION METHODOLOGY. After the Participating Entity has developed a draft Scope of Work, it will select a contractor using one of the following methods:

1. Directly Selecting a Contractor. Depending upon the procurement requirements of the Participating Entity, it may choose to directly select an available Sourcewell-contracted contactor, or

2. Use of BidSafe to Select Contractor. When p available for the Project, the Participating Entity may use Gordian's BidSafe to issue a Request for Quotation to two or more contractors in order to determine the award of a Purchase Order. The use of BidSafe will be subject to Gordian's BidSafe requirements.

D. PURCHASE ORDER COMPLETION PROCESS. Upon selection of a contractor as described in Section C. above, the Participating Entity and Gordian will work with the Contractor to complete the following:

1. JOINT SCOPING MEETING. The Contractor will attend the Joint Scope Meeting with the Participating Entity and Gordian to discuss, at a minimum:
a. The general Scope of Work
b. Alternatives for performing the work and value engineering c. Access to the Site and protocol for admission
d. Hours of operation
e. Staging area
f. Requirements for professional services, sketches, drawings, and specifications g. Construction schedule
h. Requirement for bonding
i. The presence of hazardous materials
j. Date on which the Proposal Package is due

2. DETAILED SCOPE OF WORK. Upon completion of the joint scoping meeting, Gordian, the Participating Entity, and the Contractor will work together to create a Detailed Scope of Work referencing any sketches, drawings, photographs, and specifications required to document accurately the work to be accomplished. The Detailed Scope of Work will be the basis on which the Contractor will develop its Proposal Package. The Contractor Rev. 4/2021
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does not have the right to refuse to perform any task or any work in connection with a particular Project.

3. REQUEST FOR PROPOSALS. Upon completion of the Detailed Scope of Work, the Participating Entity will issue a Request for Proposal to the Contractor. The Contractor will use Gordian's IQCC System to prepare its Price Proposal.

4. PROPOSAL PACKAGE CONTENTS. Upon issuance of the Participating Entity's Request for Proposal, the Contractor will create a Proposal Package that includes:
a. Price Proposal: The Price Proposal will be based on the following:
1) Pre -Priced Tasks: Pre -Priced tasks described, and for which a Unit Price is set forth, in the CTC. The Contractor will identify the Task and the quantities required.
2) Non -Pre -Priced Tasks: A Non Pre -priced Task is a task that is not in the CTC. a) For Non Pre -Priced Work Performed with the Contractor's Own Forces: The Contractor will submit three independent quotes for all materials to be installed and will provide a breakdown of the labor and equipment costs.

The final price submitted for Non Pre -Priced Tasks will be according to the following formula, and each Non Pre -Priced Task must be supported with the necessary back-up documents including the calculation below:
i. The hourly rate for each trade classification not in the CTC multiplied by the quantity.
ii. The rate for each piece of Equipment not in the CTC multiplied by the quantity.
iii. Lowest of three independent quotes for all materials.

Total Cost for Non -Pre -Priced Tasks performed by contractor's own forces = (i + ii + iii) x Non -Pre -Priced Adjustment Factor. b) For Non -Pre -Priced Work performed through a Subcontractor: The Contractor must submit three independent bids from Subcontractors.

The Contractor may not submit a quote or bid from any supplier or Subcontractor that the Contractor is not prepared to use during the Project. The Participating Entity may require additional quotes and bids if the suppliers or Subcontractors are not acceptable or if the prices are not determined to be reasonable. If the Contractor cannot obtain three quotes or bids, the Contractor will provide this information in writing to the Sourcewell Participating Entity for review and approval.

The final price submitted for Non Pre -Priced Work performed through a Subcontractor will the lowest of three Subcontractor quotes.

The Total Cost for Non -Pre -priced Tasks performed by Subcontractors = Lowest of Three Subcontractor Quotes X Non -Pre -Priced Task Adjustment Factor.

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At the discretion of Gordian, Non -Pre -Priced Tasks, as well as other Tasks, may be added to the CTC during the course of the Contract. Unit prices will be established based on actual quotes from material suppliers and installers and fixed as a permanent Pre -priced Task in the CTC.

Gordian's determination as to whether an item is a Pre -Priced Task or a Non -Pre -Priced Task will be final, binding and conclusive as to the Contractor.

The means and methods of construction will be such as the Contractor may choose; subject however, to the Participating Entity's right to reject means and methods proposed by the Contractor that: Will not produce finished work in accordance with the terms of the Contract; or Unnecessarily increases the price of the Purchase Order when alternative means and methods are available.
3) Additional Costs. In the event the Contractor is required to work within a secured facility where labor, material, and equipment must be inspected to pass through a secured perimeter, and all work must be constantly monitored by facility personnel, such as a prison, the Contractor will be paid for the labor time lost as a result of such perimeter inspection, as well as any loss of time resulting from a temporary shut down of the work site required by the facility, such as a temporary shut down to move prisoners.

The value of the Price Proposal will be calculated by summing the total of the calculations for each Pre -Priced Tasks (Unit Price x quantity x Adjustment Factor) plus the value of all Non -Pre -Priced Tasks. b. Incidental drawings, sketches, or specification information, c. Quantity take -offs supporting all material quantities, d. Catalog cuts providing information on materials or products, as specifically requested,
e. The list of known Subcontractors,
f. Construction schedule,
g. Back-up data for any Non -Pre -Priced Tasks (identified above), h. Warranty information on special equipment or materials, and i. Other such documentation as the Participating Entity may require.

By submitting a Price Proposal to the Participating Entity, the Contractor agrees to accomplish the Detailed Scope of Work in accordance with the Request for Proposal at the price it submits.

It is the Contractor's responsibility to include the necessary tasks and quantities in the Price Proposal and apply the appropriate Adjustment Factor(s) prior to delivering it to the Participating Entity. However, when trade jurisdiction rules or small quantities, the cost of a minor task in the Price Proposal is less than the cost of the actual labor and material to perform such task, the Participating Entity may permit the Contractor to be paid for such task as a Non- Prepriced Task, or use Prepriced labor tasks and material component pricing to cover the actual costs incurred. Provided that there is no other work for that trade on the Project or other work Rev. 4/2021 Sourcewell IFB #CA -101723
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Exhibit 2 486

for that trade cannot be scheduled at the same time and the final charge does not exceed $5,000.

E. WAGE RATES AND GOALS REQUIRED BY LAW. If other wage rates are required by law (such as prevailing wage), the Contractor must pay such wages to all workers in accordance with the applicable laws. If the Work is performed in whole or in part using federal funding, then the Davis Bacon Wages for that area will apply.

The wage rates used in the CTC were the prevailing wage rates, if any, in effect at the time the IFB was issued. If prevailing wage rates are revised prior to completion of the Project, the revised rate will apply to this Contract from the effective date of such revision; however, such revision will not entitle Contractor to any increased compensation under the terms of the Contract.

The Contractor must meet any goals or requirements established by the Participating Entity ordering the work, and/or satisfy the intent of said goals or requirements, with regard to small, local, minority, women, veteran or disadvantaged business enterprises. Additional participation goals may be incorporated into the detailed scope of work.

F. TIME FOR SUBMITTAL OF THE PROPOSAL PACKAGE.

1. The Proposal Package will be submitted by the date indicated on the Request for Proposal. All incomplete Proposal Packages will be rejected. The time allowed for preparation of the Proposal Package will depend on the complexity and urgency of the Project but should average between seven and fourteen days. On complex Projects, such as those requiring incidental engineering/architectural drawings and approvals and permits, allowance will be made to provide adequate time for preparation and submittal of the necessary documents.

2. In emergency situations and for Projects requiring immediate completion, the Proposal Package may be required quickly and the due date will be so indicated on the Request for Proposal or, the Contractor may begin work immediately, with the paperwork to follow.

3. If the Contractor fails to meet the deadline for submittal of the Proposal Package, this may be reason to suspend issuance of this particluar Purchase Order.

4. If the Contractor requires clarifications or additional information regarding the Detailed Scope of Work in order to prepare the Proposal Package, the request must be submitted so that the submittal of the Proposal Package is not delayed.

G. REVIEW OF THE PROPOSAL PACKAGE.

1. Gordian and/or the Participating Entity will evaluate the Price Proposal by evaluating the nature and number of Tasks proposed against the agreed upon Detail Scope of Work and will determine the reasonableness of approach. Furthermore Gordian or the Participating Entity may compare the Price Proposal to the cost estimate for the Detailed Scope of Work. Gordian or the Participating Entity reserves the right to reject a Rev. 4/2021
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Price Proposal based on unjustifiable/unsupported (with take off details) quantities and/or Tasks, schedule, inadequate documentation, or for any other reason.

2. If Gordian and/or the Participating Entity finds any part of the Price Proposal unacceptable, Gordian or the Participating Entity may request the Contractor to re- submit its Price Proposal or cancel the Project. The Contractor is expected to submit correct Price Proposals the first time. Adjustments to the Price Proposal may occasionally need to be made after review by Gordian and the Participating Entity. In that event, Gordian may permit the Contractor to submit the first Price Proposal and a second Price Proposal for each Purchase Order.

3. Additionally, Gordian and/or the Sourcewell Participating Entity will evaluate all other components of the Proposal Package and may request revisions thereto.

4. Requested revisions to any and all of the Proposal Package components should be made by the Contractor and resubmitted in no more than three working days. If after the second review by Gordian and/or the Participating Entity, Gordian and/or the Participating Entity finds requested revisions to the Proposal Package that were not made, this may be reason to suspend that particular Purchase Order.

5. Failure by the Contractor to submit Proposal Packages, and revisions thereto, in a timely manner (within time frames described above) is grounds for suspension of all future Purchase Orders.

6. The Participating Entity reserves the right to obtain Price Proposals from any or all of the contractors awarded an IQC contract.

7. If the Contractor continues to submit Price Proposals that are rejected by Gordian, Sourcewell may declare the Contractor in default and initiate termination of the Contract.

H. DELIVERY OF THE PROPOSAL PACKAGE. After Gordian reaches an agreement with the Contractor on the Proposal Package and any requested revision thereto, if applicable, Gordian will assemble and deliver the Proposal Package for the Participating Entity's consideration.

If the Contractor submits a Proposal Package with inaccurate Adjustment Factors, the Contractor waives all rights to any further compensation above the Purchase Order Price submitted in the Proposal Package.

The Contractor cannot delay submission of the Proposal Package past the due date to take advantage of a scheduled update of the Adjustment Factors. In that event, the Contractor must use the Adjustment Factors that would have been in effect without the delay.

I. REVIEW OF THE PROPOSAL PACKAGE BY THE PARTICIPATING ENTITY AND ISSUANCE OF PURCHASE ORDER.

1. The Participating Entity will evaluate the entire Proposal Package.

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2. The Participating Entity may reject a Proposal Package for any reason.

3. The Participating Entity may request changes to or clarifications of any part of the Proposal Package. A Participating Entity may also require a certificate of insurance or labor, material payment, or performance bonds. The Contractor and Gordian will work together to make any requested revisions in a timely manner and resubmit a revised Proposal Package.

4. Upon approval of the Proposal Package by the Participating Entity, the Participating Entity may issue a signed Purchase Order, Notice of Award, or similar document accepting the Contractor's offer. The document will include:
a) Reference to the Detail Scope of Work
b) The Purchase Order Price
c) Start date, Purchase Order Completion Time (duration) and completion date d) Whether liquidated damages will apply

5. Once the Contractor accepts the Purchase Order, the Contractor may not refuse to perform the work. Such actions may be grounds for termination of this Contract or other disciplinary action at the option of Sourcewell.

6. If performance and payment bonding is required, or if a separate and/or special insurance certificate is required, the Contractor will deliver such requirement to the Participating Entity within 10 days of notification of the requirement.

7. Within two business days of receipt of a Purchase Order from an Agency, the Contractor must provide notification to Gordian by forwarding a copy of the Purchase Order to Gordian.

8. Within two business days of receiving initial payment from an Agency, the Contractor must provide notification to Gordian of the initial payment by forwarding a copy of the submitted invoice to Gordian.

J. CHANGES TO THE SCOPE OF WORK.

1. The Participating Entity reserves the right to make, in writing, at any time during the work, changes in the Detailed Scope of Work as are necessary to satisfactorily complete the Project, and to delete in whole or in part, or to add to, the Detailed Scope of Work.

Such changes, deletions, or additions will not invalidate the Contract or the Purchase Order nor release the surety, if any, and the Contractor agrees to perform the work as altered.

2. All changes, deletions, and additions to the Detailed Scope of Work will be reflected in a Supplemental Purchase Order developed and priced in accordance with the procedure for developing and approving all Price Proposals.

K. PUNCH LIST COMPLETION.

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1. The Contractor understands and agrees that time is of the essence in closing out the work of each Purchase Order under this Contract. Upon Substantial Completion of the work, the Punch List will be transmitted to the Contractor from the Participating Entity.

The Contractor agrees to begin performance of Punch List Work immediately after receipt of the Punch List.

2. Failure of the Contractor or its Subcontractors to begin the Punch List Work within three business days after receipt of the Punch List will be construed as failure to prosecute the work of the Contract.

3. Punch List Work will be continuously prosecuted once begun and completed within 30 Days from the receipt of the Punch List. Should the Contractor fail to complete the Punch List within this period of time, the liquidated damages as identified in by the Participating Entity's Purchase Order will apply.

L. BONDS: PAYMENT AND PERFORMANCE OR MATERIAL AND WORKMANSHIP. If required by the Participating Entity for a particular Purchase Order, the Contractor will deliver a Labor and Material Payment Bond and a Performance Bond in the amount of such Purchase Order. If required by the Participating Entity for a particular Purchase Order, the Contractor will deliver Material and Workmanship Bonds in the amount required by the Participating Entity. The bonds must be in a form, and executed by a surety, acceptable to the Participating Entity. The bonds must be received before the Notice to Proceed will be issued. The Contractor will be compensated for the cost of the bonds up to 2% of the Work Order Price through the Reimbursable Fee work task in the Construction Task Catalog. The Contractor will apply a 1.1000 Adjustment Factor to the Reimbursable Fee work task rather than applying the Contractor's competitively bid Adjustment Factor.

M. TERMINATION OF ORDERS. Participating Entities may terminate a Purchase Order, in whole or in part, immediately upon notice to the Contractor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the work

2. Federal or state laws or regulations prohibit the work

3. The Contractor commits any material breach of this Contract or Purchase Order N. PURCHASE ORDER GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's Purchase Order will be determined by the Participating Entity.

V. ADJUSTMENT FACTORS AND PAYMENTS
A. PREVAILING WAGE RATES AND PARTICIPATION REQUIREMENTS. When applicable, the Contractor will be responsible for paying prevailing wages to all workers in accordance with the applicable laws; and the wage rates in the CTC will be the prevailing wage rates. If the state in which the work is located revises its prevailing rate of hourly wages prior to completion of the Rev. 4/2021 Sourcewell IFB #CA -101723
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Project, the revised rates will apply to this Contract from the effective date of the revision; however, any such revision will not entitle the Contractor to any increased compensation under the terms of this Contract.

If other wage rates are required by law, the Contractor must pay those wages to all workers in accordance with the applicable laws. If the Purchase Order is performed in whole or in part using federal funding, then the Davis Bacon Wages for that area will apply.

B. CONSTRUCTION TASK CATALOG CTC) UPDATE. The CTC issued with this Solicitation will be in effect for the first year of the Contract. On the anniversary of the Contract award date, a new CTC will be furnished. The new CTC will be effective for the following twelve (12) month extension period. The new CTC will only apply to Work Orders issued after the effective date of the applicable contract extension and shall have no impact on Work Orders issued prior to the effective date of the applicable contract extension.

C. ECONOMIC PRICE ADJUSTMENT. Upon request by the Contractor, or upon the initiative of Gordian, the Contractor's Adjustment Factors may be updated at the time of the periodic extension of this Contract.

1. The Contractor's Adjustment Factors will be calculated according to the following:
a. A Base Year Index will be calculated by averaging the 12 month Construction Cost Indices for the average of the 20 cities published in the Engineering News Record for the 12 months immediately prior to the month of the Solicitation (e.g., for an April solicitation, the Base Year Index will be April of the prior year to March of the Solicitation year).
b. A Current Year Index will be calculated by averaging the 12 month Construction Cost Indices for the average of the twenty cities published in the Engineering News Record for the 12 months beginning with the month of anniversary of the Solicitation (e.g., for an April solicitation, the Current Year Index will be April of the prior year to March of the current year).
c. The Economic Price Adjustment will be calculated by dividing the Current Year Index by the Base Year Index.
d. The Contractor's original Adjustment Factors will be multiplied by the Economic Price Adjustment to obtain the Contractor's new Adjustment Factors effective for the next 12 months.
e. Averages will be obtained by summing the 12 -month indices and dividing by 12. f. All calculations in this article will be carried to the fifth decimal place and founded to the fourth decimal place. The following rules will be used for rounding:
• The fourth decimal place will be rounded up when the fifth decimal place is five or greater.

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• The fourth decimal place will remain unchanged when the fifth decimal place is less than five.

2. Engineering News Record occasionally revises indices. Engineering News Record's Construction Cost Indices used in the calculations described above will be those currently published at the time the Economic Price Adjustment calculation is performed.

No retroactive adjustments will be made as a result of an Engineering News Record revision. Revised Construction Cost Indices, if any, will be used in subsequent calculations.

D. PARTIAL PAYMENTS.

1. The Contractor may submit a monthly Application for Payment for Work completed to date. The Contractor will submit Certified Payroll Records, and such other supporting documentation as may be required by the Project Manager. The Contractor may be required to submit Certified Payroll Records online. The Project Manager will inspect the work within a reasonable time and the Participating Entity will make partial payments to the Contractor based on the approved value of completed work.

2. As permitted by the law or policy of the Participating Entity, the Participating Entity may withhold retainage per purchase order until completion of the Project.

3. The Contractor must promptly pay each Subcontractor, upon receipt of payment from the Participating Entity, out of the amount paid to the Contractor on account of such Subcontractor's portion of the work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the work. The Contractor will, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to its sub - Subcontractors in a similar manner.

E. FINAL PAYMENTS.

1. The Contractor will notify the Project Manager when the Detailed Scope of Work is complete and ready for final inspection. The Project Manager will promptly make such inspection. If the Project Manager finds the Detailed Scope of Work complete and all final documentation submitted, the Project Manager will notify the Contractor that a final Application for Payment may be submitted.

2. The Contractor may then submit a final Application for Payment. The Contractor will submit Certified Payroll Records and such supporting documentation as may be required by the Project Manager. The Participating Entity will make final payment to the Contractor.

3. Acceptance of final payment by the Contractor, a Subcontractor or material supplier will constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

VI. CUSTOMER SERVICE
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A. PRIMARY ACCOUNT REPRESENTATIVE. The Contractor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell and Gordian if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell, Gordian, and Participating Entity inquiries; and • Business reviews with Sourcewell, Gordian, and Participating Entities, if applicable.

B. BUSINESS REVIEWS. The Contractor must perform a minimum of one business review with Sourcewell and Gordian per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

VII. CONTRACT ACTIVITY REPORT AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT ACTIVITY REPORT. The Contractor must report contract activity within eGordian and complete all required fields.

The Report must contain the following fields related to Purchase Orders received from Participating Entities:
• Participating Entity Name,
• Participating Entity's Complete Address,
• Sourcewell Assigned Participating Entity Number,
• Brief Description of the work,
• Transaction Date,
• Total Sales Amount, and
• Applicable Sourcewell Contract Number.

B. ADMINISTRATIVE FEE. The Contractor must pay an administrative fee in exchange for the administration of the contracts by Sourcewell and Sourcewell's contract administrator, Gordian.

If the Contract is utilized by Entities, the Contractor agrees to pay Gordian a 7.50% administrative fee. Unless otherwise agreed with Gordian, Contractor shall make progress payments for the administrative fee in proportion to the percentage of construction completed to be invoiced at milestones reasonably established by Gordian. Contractor shall pay all Gordian invoices within thirty (30) days of date of invoice and payment will be sent as specified by Gordian. Administrative Fees not paid by the specified deadline shall bear an interest rate of 1.5% per month until paid.

The Contractor shall keep Gordian reasonably informed of the construction status of each active construction project, which shall include responding to Gordian inquiries regarding construction status within 5 days. Additionally, the Contractor shall:
• Within two business days of receipt of a Purchase Order from an Agency, the Contractor must provide notification to Gordian by forwarding a copy of the Purchase Order to Gordian.
• Within two business days of receiving initial payment from an Agency, the Contractor must provide notification to Gordian of the initial payment by forwarding a copy of the submitted invoice to Gordian.

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Exhibit 2 493

Sourcewell designates Gordian as its contract administrator. The Administrative Fee payments must be made payable to The Gordian Group and sent to the following address:

The Gordian Group, Inc.

PO Box 74008498
Chicago, IL 60674-8498
In order to audit this section, Sourcewell or Gordian may request records from the Contractor for all work performed under this Contract. If a discrepancy exists between the actual activity and the Administrative Fees paid, Gordian will provide written notification to the Contractor of the discrepancy and allow the Contractor 10 days from the date of notification to resolve the discrepancy. In the event the Contractor does not resolve the discrepancy to the satisfaction of Sourcewell or Gordian, Sourcewell or Gordian reserve the right to engage a third party to conduct an independent audit of the Contractor's records. In the event the Contractor is found not to be in compliance with this Contract, the Contractor will reimburse Sourcewell or Gordian for the cost and expense related to such audit.

In the event the Contractor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any bid or proposal submitted by the Contractor to a Sourcewell or a Participating Entity. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

C. TAXES. The Contractor will pay all sales, consumer, use and other similar taxes required by law for which a valid exemption does not exist. If the Contractor is required to pay sales tax on non-exempt material, equipment, services, or other items purchased in connection with a Purchase Order, the Member will reimburse the Contractor for such tax, without mark-up, provided the Contractor submits the appropriate documentation therefor VIII. ADDITIONAL TERMS
A. SURVIVAL OF TERMS. The following Articles of these General Terms and Conditions survive the expiration or cancellation of this Contract: III. A, C, O, V, and W; IX; XIII; and XV.

B. ASSIGNMENT. Neither the Contractor nor Sourcewell may assign or transfer any rights, interest, or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement.

C. AMENDMENTS. Any amendment of, including extension to, this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and the Contractor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

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Exhibit 2 494

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent.

G. SEVERABILITY. If the Contract Documents contains any unlawful provision not an essential part of the Contract Documents and which will not appear to have been a controlling or material inducement to the making thereof, the same will be deemed of no effect and will, upon notice by either party, be deemed stricken without affecting the binding force of the remainder.

H. GRATUITIES. As it relates to this Contract, or any of the Contractor's efforts to secure this Contract or any of the work that may be offered or assigned hereunder, the Contractor is prohibited from offering or giving gratuities or favors, of any form, to Sourcewell, Gordian, or Participating Entities, including any of their representatives or agents.

Sourcewell may immediately cancel this Contract and notify proper authorities in the event Sourcewell determines that the Contractor or any of its agents offered or gave gratuities or favors of any form, including but not limited to: entertainment, gifts, cash, promise or forgiveness, or any other form of gratuity or favor to any employee or agent of Sourcewell, Gordian, or the Participating Entity.

IX. LIABILITY
The Contractor must indemnify, save, and hold Sourcewell, Gordian, and Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Contractor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the work performed and any products provided under this Contract to the extent the work has been used according to its specifications and Project.

X. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Contractor relevant to this Contract for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. The Contractor must provide verifiable documentation and tracking in a timely manner.

XI. GOVERNMENT DATA PRACTICES
The Contractor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell or Gordian under this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contractor under this Contract.

XII. MARKETING
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A. MARKETING. The Contractor must adhere to the following when preparing marketing materials and web sites, and in the use of trademarks and service marks:

1. The Contractor will include the Sourcewell logo and website address on all marketing materials and web sites that mention this Contract or have any relation to this Contract.

2. The Contractor will include Gordian's ezIQC logo, website address ( www.ezIQC.com) , and ezIQC® telephone number (888-993-9472) on all marketing materials and web sites that mention this Contract.

3. The Contractor is authorized to use Sourcewell's and Gordian's names, logos, trademarks, service marks and other provided materials solely for the presentation and promotion of the availability and use of this Contract to Participating Entities.

4. All publicity and marketing materials must be coordinated with and approved by Sourcewell.

5. The Contractor must not claim that Sourcewell or Gordian endorses its work or services.

6. The Contractor must avoid all conflicts of interest with the promotion of this Contract to any Participating Entity.

XIII. GOVERNING LAW, JURISDICTION, AND VENUE
This Contract, between the Contractor and Sourcewell, will be governed by Minnesota substantive and procedural law. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

For any action or claim between the Participating Entity and the Contractor, the governing law and venue will be determined by the Participating Entity accessing this Contract.

XIV. FORCE MAJEURE
Neither party will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party delaying or defaulting under this provision must provide the other party prompt written notice of the delay or default.

XV. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then the parties will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

XVI. PERFORMANCE, DEFAULT AND REMEDIES, AND LIQUIDATED DAMAGES Rev. 4/2021
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A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues. The resolution process is as follows:

1. Notification. The Parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, the Parties will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of the Parties.

2. Escalation. If Parties are unable to resolve the issue in a timely manner, as specified above, the Parties may escalate the resolution of the issue to a higher level of management within their organization. The Contractor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Contractor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Contractor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Contractor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity Purchase Order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate this Contract or any portion thereof, including any orders issued against the Contract.

C. LIQUIDATED DAMAGES. The Participating Entity may assess liquidated damages for each day after the Purchase Order Completion Time in the Detailed Scope of Work is not complete. It is understood and agreed by and between the Contractor, Sourcewell, and the Participating Entity, that time is of the essence in all matters relating to Liquidated Damages.

The liquidated damages will be determined on a Purchase Order by Purchase Order basis.

XVII. INSURANCE
A. REQUIREMENTS. At its own expense, the Contractor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State where the Project is located. Participating Entities must follow their own laws and practices regarding insurance requirements; and may require Rev. 4/2021 Sourcewell IFB #CA -101723
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additional coverage or limits. Each policy must have an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation in the state in which the Project is located.

Employer's Liability Insurance must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. The Contractor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (ISO) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, the Contractor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must comply with the motor vehicle laws of the state in which the Project is located and apply to the use in connection with the work in the Contract Documents. The terms must be no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$2,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, the Contractor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. All Risk Builders Risk Insurance. Where specifically required in the Detailed Scope of Work, the Contractor will provide, before the Purchase Order is issued, Builders' Risk Rev. 4/2021
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Insurance in an amount at least equal to the Purchase Order Price in a form and by a carrier acceptable to the Participating Entity. The cost of such Builders Risk Policy will be reimbursed to the Contractor as a reimbursable task.

6. Pollution Liability Insurance. If a Project involves asbestos abatement encapsulation or other activities involving hazardous materials, the Contractor, Subcontractor or other party responsible for such work will procure and maintain a liability insurance policy issued to and covering the liability, of the Contractor, Subcontractor or other party engaged in the removal, or handling of hazardous materials, for bodily injury, illness, sickness or property damage caused by exposure.

Minimum Limits:
$2,000,000 per occurrence
$2,000,000 aggregate.

The cost of Pollution Liability Insurance is included in the Unit Prices and will not be reimbursed separately.

Failure of the Contractor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default, or the Participating Entity cancel the Purchase Order for default.

If at any time any of the above -required insurance policies should be cancelled, terminated, or modified so that insurance is not in effect as above required, then, if Sourcewell will so direct, the Contractor will suspend performance of the work. If the work is suspended, no extension of time to complete the work will be due. If the work is not suspended, then Sourcewell or the Participating Entity may, at its option, obtain insurance affording coverage equal to that above required, the cost of such insurance to be payable by the Contractor.

Should the awarded Contractor retain a Subcontractor to perform any of the services mentioned herein, it is the Contractor's responsibility to ensure that the Subcontractor(s) maintains the same types of insurance coverage in accordance with the requirements and amounts indicated herein.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, the Contractor must furnish to Sourcewell a certificate of insurance, as evidence of the Workers' Compensation, General Liability, Commercial Automobile, and Umbrella insurance required under this Contract. A Participating Entity may require a Certificate of Insurance as evidence of additional coverages it requires. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or emailed to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non -renewal, or reduction of coverage without 30 days' prior written notice to the Contractor.

Failure to request certificates of insurance by Sourcewell, or failure of the Contractor to provide certificates of insurance, in no way limits or relieves the Contractor of its duties and responsibilities in this Contract.

Rev. 4/2021 Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 499

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. The Contractor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Contractor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of the Contractor, and products and completed operations of the Contractor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. The Contractor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Contractor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Contractor or its subcontractors. Where permitted by law, the Contractor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).

XVIII. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION The Contractor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract, Contractor declares bankruptcy, the Contractor must immediately notify Sourcewell in writing.

The Contractor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government; or any Participating Entity. The Contractor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. The Contractor further warrants that it will provide immediate written notice to Sourcewell if there is a threat of change to any of these certifications.

XIX. UNITED STATES FEDERAL REQUIREMENTS
From time to time, Participating Entities may use United States federal grant or FEMA funds for work under this Contract and may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications.

The following list only applies when a Participating Entity intends to fully or partially fund the Project with United States federal money; and the Contractor will comply with all United States Rev. 4/2021
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 500

federal laws and regulations when working on or completing a Project, including, but not limited to, the following.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis -Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby Rev. 4/2021
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 501

incorporated by reference into this Master Agreement. Supplier certifies that during the term of an award for all agreements by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all agreements by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT 42 U.S.C. § 7401-7671q. AND THE FEDERAL WATER POLLUTION CONTROL ACT 33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Master Agreement will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352 . Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after Rev. 4/2021 Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 502

grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Master Agreement for the purpose of making audits, examinations, excerpts, and transcriptions.

The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322 . A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier is not to use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre -approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Rev. 4/2021 Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 503

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

XX. CONTRACT SUSPENSION OR TERMINATION
A. Sourcewell may, in Sourcewell's discretion:

1. Terminate this Contract for any reason upon 60 days' prior written notice to the Contractor;

2. Suspend the Contractor for violation of the terms of this Contract, and prohibit the Contractor during such suspension from submitting Price Proposals with respect to the Projects of Sourcewell and the Projects of any one or more Sourcewell member; or

3. May immediately terminate the Contract, if the Contractor:
a. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
b. Fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; c. Persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or
d. Otherwise is guilty of material breach of a provision of the Contract Documents.

B. In the event of Contract termination, if an unpaid balance of one or more Purchase Orders exceeds the costs of finishing the work, such excess will be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor will pay the difference to Sourcewell.

C. A Participating Entity has no authority to unilaterally terminate this Contract between Sourcewell and the Contractor.

Rev. 4/2021
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 504

Remainder of Page Intentionally Left Blank.

Rev. 4/2021
Sourcewell IFB #CA -101723
Indefinite Delivery -Indefinite Quantity Construction Contracts in the State of California

Exhibit 2 505

IFB #CA -101723 - Indefinite Delivery -Indefinite Quantity Construction - California
Vendor Details
Company Name:

Does your company conduct
business under any other name? If
yes, please state:

Address:

Contact:

Email:

Phone:

HST#:

Submission Details
Created On:

Submitted On:

Submitted By:

Email:

Transaction #:

Submitter's IP Address:

ABM Industries Inc.

ABM Building Solutions, LLC
14201 Franklin Ave.

Tustin, California 92780
Nicholas Thomas
[email protected]
213-610-9140
20-0357058
Monday September 25, 2023 19:44:40
Monday October 16, 2023 14:45:35
Nicholas Thomas
[email protected]
29f04cd 1-90ef-4542-b913-ec91 e8d41 a91

12.174.2.220
BA rpber: IFB #CA -101723
506
Vendor Name: ABM Industries Inc.

Schedule of Prices
The Contractor hereby bids and offers to enter into the contract referred to and to supply and do all or any part of the Work which is set out or called for as part of these solicitations.

If you do not wish to bid on a particular contract solicitation, you must select the box stating that you are not submitting for that particular opportunity.

Denotes a "MANDATORY" field
California Region 1
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 1.

Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.

Bidders responding to the Electrical, Paving, and/or Mechanical/HVAC solicitations will perform at least 51 % of all contracted work with its own organization and forces. flue bidder rnust include the administrative fey,: in calcealataing the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.

I✓ We will not be submitting for California Region 1
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1

NORMAL WORKING

HOURS- PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 2

OTHER THAN

NORMAL WORKING

HOURS - PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 3

SECURED

FACILITIES/OSHPD-

PREVAILING WAGE

RATE PROJECTS
Adjustment Factor4

ALL -UNION WAGE

PROJECTS
Adjustment Factor 5

NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Electrical
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Paving
r yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Mechanical/HVAC
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

California Region 2
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 2.

Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.

Bidders responding to the Electrical, Paving, and/or Mechanical/HVAC solicitations will perform at least 51% of all contracted work with its own organization and forces.

The bidder must incinde> tare administrative fc»ee in calculating the (.',ontrac,:tor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.

P We will not be submitting for California Region 2
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1

NORMAL WORKING

HOURS- PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 2

OTHER THAN

NORMAL WORKING

HOURS - PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 3

SECURED
FACILITIES!OSHPD-

PREVAILING WAGE

RATE PROJECTS
Adjustment Factor 4

ALL -UNION WAGE

PROJECTS
Adjustment Factor 5

NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Electrical
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Paving
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Mechanical/HVAC
r yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Na.inpber: IFB #CA -101723
507
Vendor Name: ABM Industries Inc.

California Region 3
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 3.

Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.

Bidders responding to the Electrical, Paving, and/or Mechanical/HVAC solicitations will perform at least 51 % of all contracted work with its own organization and forces.

The bidden` must include the administrative fee in calculating the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 3
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1

NORMAL WORKING

HOURS- PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 2

OTHER THAN

NORMAL WORKING

HOURS - PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 3

SECURED

FACILITIES/OSHPD-

PREVAILING WAGE

RATE PROJECTS
Adjustment Factor 4

ALL -UNION WAGE

PROJECTS
Adjustment Factor 5

NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Electrical
r Yes
r No

0.9799

1.0525

1.0616

0.9799

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Paving
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Mechanical/HVAC
r Yes
r No

1.1143

1.2873

1.3516

1.1143

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

California Region 4
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 4.

Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.

Bidders responding to the Electrical, Paving, and/or Mechanical/HVAC solicitations will perform at least 51% of all contracted work with its own organization and forces.

The budder must iaacinde the administrative fee in calculating the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
n We will not be submitting for California Region 4
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 7

NORMAL WORKING

HOURS- PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 2

OTHER THAN

NORMAL WORKING

HOURS - PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 3

SECURED

FACILITIES/OSHPD-

PREVAILING WAGE

RATE PROJECTS
Adjustment Factor 4

ALL -UNION WAGE

PROJECTS
Adjustment Factor 5

NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Electrical
r. Yes
r No

0.9799

1.0525

1.0616

0.9799

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Paving
r Yes
c No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Mechanical/HVAC
r. Yes
r No

1.1143

1.2873

1.3516

1.1143

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Na.inpber: IFB #CA -101723
508
Vendor Name: ABM Industries Inc.

California Region 5
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 5.

Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.

Bidders responding to the Electrical, Paving, Mechanical/HVAC, and/or Roofing/Waterproofing solicitations will perform at least 51% of all contracted work with its own organization and forces.

The bidder must include the administrative fee in calculating the Contractor's Adjustment Factors, Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 5
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1

NORMAL WORKING

HOURS- PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 2

OTHER THAN

NORMAL WORKING

HOURS - PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 3

SECURED

FACILITIES/OSHPD-

PREVAILING WAGE

RATE PROJECTS
Adjustment Factor 4

ALL -UNION WAGE

PROJECTS
Adjustment Factor 5

NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Electrical
r. Yes
r No

0.9799

1.0525

1.0616

0.9799

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Paving
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Mechanical/HVAC
r: Yes
r No

1.1143

1.2873

1.3516

1.1143

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Roofing/Waterproofing
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

California Region 6
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 6.

Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.

Bidders responding to the Electrical, Paving, Mechanical/HVAC, and/or Roofing/Waterproofing solicitations will perform at least 51 % of all contracted work with its own organization and forces.

The bidder ntust include the administrative fee in calculating the Contractor's Adjustment Factors, Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 6
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1

NORMAL WORKING

HOURS- PREVAILING

WAGE RATE

PROJECTS
Adjus ent Factor 2
OTHEtmR THAN

NORMAL WORKING

HOURS - PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 3

SECURED

FACILITIES/OSHPD-

PREVAILING WAGE

RATE PROJECTS
Adjustment Factor 4

ALL -UNION WAGE

PROJECTS
Adjustment Factor 5

NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
G No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Electrical
r: Yes
r No

0.9799

1.0525

1.0616

0.9799

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Paving
r Yes
G No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Mechanical/HVAC
r. Yes
r No

1.1143

1.2873

1.3516

1.1143

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Roofing/Waterproofing
r Yes
G No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

BM{rfpber: IFB #CA -101723
509
Vendor Name: ABM Industries Inc.

California Region 7
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 7.

Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.

Bidders responding to the Electrical, Paving, Mechanical/HVAC, Roofing/Waterproofing, Flooring, Abatement Services, Landscaping, and/or Painting solicitations will perform at least 51% of all contracted work with its own organization and forces.

The bidder musk include the administrative tee in calculating the Contractor's Adjustrent Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.

F.7 We will not be submitting for California Region 7
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1

NORMAL WORKING

HOURS- PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 2

OTHER THAN

NORMAL WORKING

HOURS - PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 3

SECURED

FACILITIES/OSHPD-

PREVAILING WAGE

RATE PROJECTS
Adjustment Factor 4

ALL -UNION WAGE

PROJECTS
Adjustment Factor 5

NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Electrical
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Paving
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Mechanical/HVAC
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Roofing/Waterproofing
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Flooring
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Abatement Services
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Landscaping
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Painting
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Na.inpber: IFB #CA -101723
510
Vendor Name: ABM Industries Inc.

California Region 8
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 8.

Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.

Bidders responding to the Low Voltage Systems, Electrical, Paving, Flooring, Fire Protection, Mechanical/HVAC, Abatement Services, Roofing/Waterproofing, Painting, Plumbing, Sanitation System, and/or Limited Specialty Contracts (C-61) solicitations will perform at least 51% of all contracted work with its own organization and forces.

The bidder musk include the admMuristrative fee in calculatMurg the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting for California Region 8
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1

NORMAL WORKING

HOURS- PREVAILING

WAGE RATE

PROJECTS
OTHER THAN Adjustment Factor 2

NORMAL WORKING

HOURS - PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 3

SECURED

FACILITIES/OSHPD-

PREVAILING WAGE

RATE PROJECTS
Adjustment Factor 4

ALL -UNION WAGE

PROJECTS
Adjustment Factor 5

NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Electrical
r: Yes
r No

0.9799

1.0525

1.0616

0.9799

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Paving
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Mechanical/HVAC
r Yes
r No

1.1143

1.2873

1.3516

1.1143

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Roofing/Waterproofing
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Flooring
r Yes
P No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Abatement Services
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Painting
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Low Voltage Systems
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Fire Protection
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Plumbing
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Sanitation System
r Yes
P No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Limited Specialty
Contracts (C-61)
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

BWM.inpber: IFB #CA -101723
511
Vendor Name: ABM Industries Inc.

California Region 9
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 9.

Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.

Bidders responding to the Electrical, Paving, Flooring, Abatement Services, Lanscaping, Painting, Plumbing, Solar, Roofing/Waterproofing, and/or Mechanical/HVAC solicitations will perform at least 51% of all contracted work with its own organization and forces.

The bidder must include the administrative tee in calculating the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.
r We will not be submitting fo California Region 9
Solicitation Trade -
Solicitation Number
Bidding
• WAGE
Adjustment Factor t

NORMAL WORKING

HOURS- PREVAILING
RATE

PROJECTS
Adjustment Factor 2

OTHER THAN

NORMAL WORKING

HOURS - PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 3

SECURED

FACILITIES/OSHPD-

PREVAILING WAGE

RATE PROJECTS
Adjustment Factor 4

ALL -UNION WAGE

PROJECTS
Adjustment Factor 5

NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Electrical
r: Yes
r No

0.9799

1.0525

1.0616

0.9799

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Paving
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Mechanical/HVAC
r Yes
r No

1.1143

1.2873

1.3516

1.1143

1.1251
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing,
Flooring
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Abatement Services
r Yes
No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Landscaping
r Yes
G No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Painting
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Plumbing
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

RoofingNVaterproofing
r Yes
P No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Solar
r Yes
r. No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Na.inpber: IFB #CA -101723
512
Vendor Name: ABM Industries Inc.

California Region 10
Each Bidder must submit five (5) Adjustment Factors to be applied to tasks within the Construction Task Catalog (CTC) - Sourcewell California Region 10.

Bidders responding to a General Building solicitation must be willing and capable of providing all or a majority of the various types of construction work as specified in the Construction Task Catalog. Bidder may provide the work using its own forces or by using subcontractors.

Bidders responding to the Electrical, Painting, Roofing/Waterproofing, and/or Mechanical/HVAC solicitations will perform at least 51% of all contracted work with its own organization and forces.

The bidder must idtcBuade the administrative fee in calculating the Contractor's Adjustment Factors. Detailed information about Sourcewell's administrative fee can be found in the General Terms and Conditions.

Ir We will not be submitting for California Region 10
Solicitation Trade -
Solicitation Number
Bidding
Adjustment Factor 1

NORMAL WORKING

HOURS- PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 2

OTHER THAN

NORMAL WORKING

HOURS - PREVAILING

WAGE RATE

PROJECTS
Adjustment Factor 3

SECURED

FACILITIES/OSHPD-

PREVAILING WAGE

RATE PROJECTS
Adjustment Factor 4

ALL -UNION WAGE

PROJECTS
Adjustment Factor 5

NON PRE -PRICED
Combined Adjustment Factor
General Building
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Electrical
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V,
Bid Pricing.

Painting
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Mechanical/HVAC
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Roofing/Waterproofing
r Yes
r No
To be calculated by Sourcewell
as described in IFB Section V.

Bid Pricing.

Specifications
Table 1: Bidder Identity
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation).

Line
item
Question
Response*
1 Bidder Legal Name (one legal entity only): (In the event of award, will execute the resulting contract as "Supplier") ABM Industries
2 Identify all subsidiary entities of the Bidder whose equipment, products, or services are included in the Bid Response, ABM Building Solutions, LLC
ABM Electrical and Lighting Solutions Inc
3 Identify all applicable assumed names or DBA names of the Bidder or Bidder's subsidiaries in Line 1 or Line 2 above.

ABM Building Solutions, LLC
ABM Electrical and Lighting Solutions Inc
4 Provide your CAGE code or Unique Entity Identifier (SAM):

N/A
5 Bidder Physical Address:
14201 Franklin Ave. Tustin CA 92780
6 Bidder website address (or addresses):

ABM.com
7 Bidder's primary contact for this bid response (name, title, address, email address & phone):

Chan Onechanh, Sr General Manager, [email protected], 657-643-4325 8 Bidder's other contacts for this bid response, if any (name, title, address, email address & phone):

Nate Piorek, Sr, Sales Executive, [email protected], 949-702-9229 Na.inpber: IFB #CA -101723
513
Vendor Name: ABM Industries Inc.

Table 2a: Management Plan - Management Team and Work Capabilities Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation).

Line
Item
Question
Bidder's Response
9 Bidders's Authorized Representative (name, title,
address, email address & phone) (The representative
must have authority to sign the "Assurance of
Compliance" on behalf of the Bidder and, in the event
of award, will be expected to execute the resulting
contract)
Chan Onechanh, Sr. General Manager, 14201 Franklin Ave. Tustin CA 92780, [email protected], 657-643-4325 10 State the number of years your company has been in
the construction industry, the type of work your
company self -performs, and the type of work your
company typically subcontracts,
ABM was founded in 1909 in Califomia. ABM is a leader in facility maintenance and facility technical solutions. ABM is a Fortune 500 company with more than 160000 employees across the US that work exclusively in support and management of buildings and facilities. This particular contract will be performed by our ABM Technical Solutions Division, which specializes in mechanical / HVAC and electrical systems. ABM self performs the majority of our contracted work. 11 Provide all names and contact information for any key personnel that will be assigned to this contract.

Nicholas Thomas - Mechanical Account Manager - [email protected] Nate Piorek - Electrical Account Manager - [email protected] Chan Onechanh - Sr. General Manager Southern California- [email protected] Rick Cooke - Sr. General Manager Northern California- [email protected] 12 Describe the responsibilities and duties for your key personnel that will be assigned to this contract,
Account Manager - responsible for sales / estimating 1 business development Sr. General Manager - responsible for overall operational and execution of projects. Addresses any business concerns. 13 The contractor is expected to participate in the
development and documentation of the detailed Scope
of Work for each Purchase Order. Explain in detail
your proposed participation and the specific qualities
of your personnel that will add benefit to this process.

ABM has been a participant in the California ezIQC contract and successfully developed, estimated, and completed numerous projects under the ezIQC program. ABM also has significant experience in the JOC programs as well and currently holds multiple JOC contracts in California ABM works as team and meet often to review and educate the process of utilizing the ezIQC program.
14 Provide your approach to the expeditious dose out of Projects, correction of unacceptable Work, and punch
list procedures.

ABM assigns a project manager to each project. the ABM project manager reviews the needs of the project on an ongoing basis and addresses each. Our project managers have a closeout procedure for each job that include project closeouts including needed punch list items or needed deficiencies correction. The project manager is supported by operations management and administrative staff that will assist in review of the project and process of documentation. Each project is reviewed at a minimum each week by operations management. The ABM team also places the highest priority in customer satisfaction and customer communication through regular meetings and correspondence to ensure the project is meeting the desired expectation.
15 Contractor is expected to assist Sourcewell in the
marketing of the IDIQ services under the ezIQC brand.

Please provide a specific sales and marketing plan
including your strategy for sales and marketing, the
personnel and their qualifications for sales and
marketing, and the frequency and duration of the
efforts.

If you held a previous ezIQC Contract please describe
how you marketed and sold the contract and list your
accomplishments.

ABM has a national and local marketing team that will support in the awareness of the program in the marketplace. ABM account managers will continue to lead with this program when speaking with our public customers or any customer who may benefit from this program.
16 All Work has a minimum warranty period of one year.

Please describe your process for tracking and
performing warranty work.

ABM issues a warranty letter at the time of completion. ABM will open a warranty job to manage the warranty. ABM service team will handle the warranty process and is available 24 hours a day / 7 days a week to handle to deliver parts and labor needs. The original project manager will be consulted on every warranty call. 17 Provide a current list of the number and classification of your full time employees.
25 Lighting / Electrical technicians for the regions we are bidding. 40 Mechanical / HVAC technicians for regions we are bidding.

Table 2b: Management Plan - Contractor Licensing and Certifications Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation).

Line
Item
Question
Bidders Response *
18 Does your company maintain a current contractor
license in the type of work you are bidding? If so,
please uploaded all contractor licensing in the upload
tab under "Contractor License"
Yes - we hold current CA contractor licenses for the work we are bidding. Copy of the current license has been uploaded. 19 Does your organization have any of the following
business certifications: Small Business Enterprise,
Minority Owned Business Enterprise, Woman Owned
Business Enterprise, Disability Owned Business
Enterprise, Veteran Owned Business Enterprise, Service
Disabled Veteran Owned Business Enterprise, HUBZone,
or similar business certifications/classifications? Please upload any documentation you have regarding these
certifications/classifications in the upload tab
under "SBE/DBE/Related Certification".

No - we hold none of these certifications.

Na.inpber: IFB #CA -101723
514
Vendor Name: ABM Industries Inc.

Table 3: Office Address(s)
In accordance with IFB #CA -101723 Section III. D., "Bidders must demonstrate a physical presence within the geographic boundary of the region(s), or adjacent region(s) to which they are bidding as identified in the Map of Sourcewell Contract Regions." Please provide your office address(s) within or adjacent to the region(s) you are bidding.

Line Item
Region
Office Address(s)
20 Region 1
N/A
21 Region 2
N/A
22 Region 3
ABM
3640 Northgate Blvd Suite 200, Sacramento, CA 95834
23 Region 4
ABM
1353 Redwood Way Suite C, Petaluma, CA 94954
24 Region 5
ABM
2385 Arch -Airport Rd Suite 100, Stockton, CA 95206
25 Region 6
ABM
6940 Kotl Center Pkwy Suite 100, Pleasanton, CA 94566
26 Region 7
N/A
27 Region 8
ABM
14201 Franklin Ave, Tustin, CA 92780
28 Region 9
ABM
3585 Corporate Court, San Diego, CA 92123
29 Region 10
N/A
Table 4: Precluded from Participating in any Public Procurement Activities If within the past five years, the Bidder has been lawfully precluded from participating in any public procurement activity with a federal, state or local government, then the Bidder must provide a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. If applicable the Bidder should describe steps taken to improve and ensure these issues do not continue to be a burden. If the Bidder has held a Sourcewell IDIQ Contract and has requested that the contract be terminated, then the Bidder must provide the reason for the request.

Please describe on a separate document and if applicable describe steps taken to improve and ensure these issues do not continue to be a burden. Failure to provide this information may be grounds for disqualification.

Please Select the Appropriate Response Below"
NO - We have not been precluded from participating in any public procurement activity with a federal, state or local government.

Table 5: Agreement to Work Outside of the Geographic Region There are times that a Contractor may be asked to perform work for certain Sourcewell Participating Entities that have facilities in areas outside of the geographic region . By acknowledging your acceptance below, the Bidder is saying that they will consider performing work in such areas in the Commonwealth or other States/Commonwealths. The Contractor will have the option to decline Projects outside of the Geographic Area if they so desire.

Please Select the Appropriate Response Below*
YES - Contractor agrees to consider working in areas outside of the Geographic Area.

Table 6a: Project Experience
The awarded Contractor must have the capacity and capability to perform multiple projects at multiple locations simultaneously. Demonstrate this capacity and capability by providing six projects that meet the following information for each project over $25,000 completed in the last three years. Past public (municipal, county, commonwealth, state, educational institution, or similar) projects within the State of California are preferred.

Description
Project Experience #1 *
Project Experience #2 *
Project Experience #3"
Customer Contact
Information (Name, Title
Address, Email, Phone)
City of Irvine
Michael Courtney
Facilities Superintendent — Rehabilitation
Public Works & Transportation Department
949-724-8209
6427 Oak Canyon, Irvine, CA 92618
[email protected]
Lompoc USD
Contact : Samuel Blanton, Director, Maintenance and
Operations
Office (805) 742-2402
[email protected]
1301 N A St, Lompoc, CA 93436
City Of Bell Gardens
8327 Garfield Ave, Bell Gardens CA 90201
Cell: 323-707-0183
[email protected] [email protected]
Project Title
LED Upgrade Irvine Civic Center
Lighting Retrofit, Solar and HVAC Energy Projects
Lighting Retrofit and HVAC Energy Projects
Project Location
1 Civic Center Plaza , Irvine , CA 92606
Multiple Campuses
City wide improvements
Project Dollar Amount
$684,661.00
$14,400,000.00
$2,200,000.00
Project Start Date
11/15/2021
11/2021
4/30/2021
Project Completion Date
5/16/2023
9/2022
10/15/2021
Bidders key personnel
involved with the project
Nate Piorek
Nate Piorek
Nicholas Thomas
Description of the work
completed
Misc Civic Center Interior LED lighting upgrades to
include offices, common areas, Police department,
garages, and restrooms, Install LED fixtures and
wireless controls . Test, program, commission and
certify all new LED per Title 24 requirements.

Infrastructure improvements to improve energy
efficiency and operational improvements related to
HVAC and electrical systems
Infrastructure improvements to improve energy efficiency and operational improvements related to HVAC and
electrical systems
Na{ripber: IFB #CA -101723
515
Vendor Name: ABM Industries Inc.

Table 6b: Project Experience
The awarded Contractor must have the capacity and capability to perform multiple projects at multiple locations simultaneously. Demonstrate this capacity and capability by providing six projects that meet the following information for each project over $25,000 completed in the last three years. Past public (municipal, county, commonwealth, state, educational institution, or similar) projects within the State of California are preferred.

Description
Project Experience #4 *
Project Experience #5*
Project Experience #6*
Customer Contact
Information (Name, Title
Address, Email, Phone)
County of San Mateo, Department of Public Works
Chris Bandy, Capital Project Manager II
555 County Center, 5th Floor, Redwood City CA
94063
(650) 363-4123
[email protected]
County of San Bernardino
Joe Sousa, Facilities Operations Manager
200 S Lena Road San Bernardino
[email protected]
909-379-2317
City of Camarillo
Kevin Jorgensborg, Fleet & Facilities Manager
601 Carmen Drive, Camarillo, CA 93010
(805) 388-5377 I [email protected]
Project Title
San Mateo County Medical Center LED Lighting
Retrofit
Civic Center Mechanical Retrofit
City Hall Exterior LED Lighting upgrade
Project Location
San Mateo County Medical Center
222 W 39th Ave, San Mateo, CA 94403
270 W 5th Street San Bernardino
601 Carmen Drive, Camarillo, CA 93010
Project Dollar Amount
$594,994.85
$1,365,000
$256,000
Project Start Date
8/1/2020
11/1/2022
4/1/2023
Project Completion Date
5/30/2021
8/30/2023
8/1/2023
Bidders key personnel
involved with the project
Rob Stanton ABM Electrical and Lighting Sr.

Business Development Manager
650 274 5317
robert.sta [email protected]
Nicholas Thomas
Nate Piorek
Description of the work
completed i
LED lighting retrofit throughout the entire county
hospital facility.

Design build mechanical improvements
Exterior Parking Lot Lighting Upgrades
Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
Upload Instructions - Required Documents
Document 1 - Certificate of Good Standing
• Provide a Certificate of Good Standing for your business from the state in which you are organized. If no such certificate is available, a bidder may upload a statement to that effect to meet the mandatory upload requirement.

Document 2 - Bonding Company Letter
• Provide a current letter from your bonding company setting forth your company's available bonding capacity and availability and confirming that, if required, your company could provide labor and material payment bonds and performance bonds for certain projects up to the bonding capacity
• Certificate of Good Standirig - Certificate of Status_ABM Electrical Lighting Solutions Inc and ABM Building Solutions, LLC.pdf - Monday October 16, 2023 13:35:13 • _Den dingCn_mpany_Letter - Blanket Bond Letter - ABM Building Solutions LLC - 1.25.2023.pdf - Monday October 16, 2023 09:07:50 • SBE/DBE/Related Certification (optional)
• Contractor License - Contractor's Licenses.pdf - Monday October 16, 2023 13:36:05 • Additional Document - Blanket Bond Letter - ABM Electrical & Lighting Solutions, Inc. (1.25.23).pdf - Monday October 16, 2023 14:41:51 BAN.irpber: IFB #CA -101723
516
Vendor Name: ABM Industries Inc.

Addenda, Terms and Conditions

BIDDER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Bidder submitting the foregoing Bid with the legal authority to bind the Bidder to this Affidavit and Assurance of Compliance:

1. The Bidder is submitting this Bid under its full and complete legal name, and the Bidder legally exists in good standing in the jurisdiction of its residence.

2. The Bidder warrants that the information provided in this Bid is true, correct, and reliable for purposes of evaluation for contract award.

3. The Bidder, including any person assisting with the creation of this Bid, has arrived at this Bid independently and the Bid has been created without colluding with any other person, company, or parties that have or will submit a Bid under this solicitation; and the Bid has in all respects been created fairly without any fraud or dishonesty. The Bidder has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Bidder has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if the Bidder has worked with a consultant on the bid, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a bid for this solicitation.

4. To the best of its knowledge and belief, and except as otherwise disclosed in the Bid, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.

5. The contents of the Bid have not been communicated by the Bidder or its employees or agents to any person not an employee or legally authorized agent of the Bidder and will not be communicated to any such persons prior to Due Date of this solicitation.

6. If awarded a contract, the Bidder will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.

7. The Bidder possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.

8. The Bidder agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Participating Entities.

Unless otherwise agreed to, the Bidder must provide only new and first -quality products and related services to Sourcewell Participating Entities under an awarded Contract.

9. The Bidder will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.

10. The Bidder understands that Sourcewell will reject IFB Bids that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.

11. Bidders its employees, agents, and subcontractors are not:

1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https:I/www,treasury gov/ofac/downloads/sdnlisLpdf;

2. Included on the government -wide exclusions lists in the United States System for Award Management found at: httQsa/sam coot//SAM/; or

3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
ri By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Chan Onechanh, Sr.Area General Manager , ABM Industries Inc.

The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes a No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.

Check the box in the column "1 have reviewed this addendum" below to acknowledge each of the addenda.

BA rpber: IFB #CA -101723
517
Vendor Name: ABM Industries Inc.

Addendum_7_IFB _CA-101723_IDIQ_California
Wed October 11 2023 10:26 AM
Addendum 6—IFB_C A-101723_ I D I Q_C a l i fo rn i s
Tue October_3 2023 12:49 PM
Addendum _5_IFB_CA-101723IDIQ_California
Fri September 29 2023 12:50 PM -
Addendum
4_I F B_CA-101723 I D I Q_C a l i fo rn i
Mon Septem_ber 252023 02:27 PM
Addendum -3_IF B -.CA -101723 _ I D I Q_C a l i fo rn i s Tue September 19 2023 03:43 PM
Addendum 2_IFB_CA-101723_IDIQ_California
Wed September 132023 05:12 PM
Addendum_ 1 _I F B_CA-101723 _ I D I Q_C a l i fo rn i s Wed September 132023 10:25 AM
have reviewed the
below addendum and
attachments (If
applicable)
r
r
r
r
r
BAN.irpber: IFB #CA -101723
518
Vendor Name: ABM Industries Inc.

BM rpber: IFB #CA -101723
519
Vendor Name: ABM Industries Inc.

DocuSign Envelope ID: 9A4C7896-8AD0-4CF6-A7E3-7E8AE08A9DFF Solicitation Opening Record
Date of opening: October 17, 2023
Sourcewell posted Invitation for Bids #CA -101723, for the procurement of Indefinite Delivery Indefinite Quantity Construction Contracts in the State of California, on the Sourcewell Procurement Portal [proportal.sourcewell-mrLgov] on Tuesday, September 12, 2023, and the solicitation remained in an open status within the portal until October 17, 2023, at 4:30 pm CT. The Invitation for Bids required that all bids be submitted through the Sourcewell Procurement Portal no later than 4:30 pm CT on October 17, 2023, the date and time specified in the Solicitation Schedule.

The undersigned certify that all responses received on Invitation for Bids #CA -101723 were submitted through the Sourcewell Procurement Portal, and that each Bidder's response material was digitally sealed upon submission and remained inaccessible until the due date and time specified in the Solicitation Schedule.

Responses were received from the following:

ABM Building Solutions, LLC - Submitted - Mon Oct 16, 2023 2:45:35 PM ABM Electrical and Lighting Solutions - Submitted - Mon Oct 16, 2023 2:45:35 PM ACCO Engineered Systems, Inc - Submitted - Mon Oct 16, 2023 6:30:55 PM Accurate Construction Company Inc - Submitted - Tue Oct 17, 2023 3:19:32 PM Air Systems, Inc. - Submitted - Tue Oct 17, 2023 3:19:32 PM Alco Building Solutions - Submitted - Tue Oct 17, 2023 3:22:47 PM All Source Coatings Inc. - Submitted - Mon Oct 16, 2023 6:17:59 PM All Source Tile Inc. - Submitted - Mon Oct 16, 2023 7:26:21 PM AME Builders Inc - Submitted - Tue Oct 17, 2023 11:22:08 AM AMTEK Construction - Submitted - Tue Oct 17, 2023 1:48:25 PM Angeles Contractor, Inc. - Submitted - Mon Oct 16, 2023 7:00:43 PM Ausonio Inc. - Submitted - Tue Oct 17, 2023 1:01:34 PM
Balleza Painting Inc - Submitted - Tue Oct 17, 2023 2:21:57 PM California Coast Carpet & Flooring - Submitted - Mon Oct 16, 2023 7:33:37 PM Capitol Carpet Company, Inc. - Submitted - Mon Oct 16, 2023 8:32:59 PM CORE West, Inc. - Submitted - Tue Oct 17, 2023 8:12:50 AM Dewberry Design -Builders Inc. - Submitted - Tue Oct 17, 2023 2:00:46 PM Durham Construction Company, Inc. - Submitted - Tue Oct 17, 2023 4:29:16 PM Elegant Construction Inc. - Submitted - Sat Oct 14, 2023 6:19:23 PM Express Energy Services Inc. - Submitted - Tue Oct 17, 2023 12:24:01 PM Grondin Construction Inc - Submitted - Thu Oct 12, 2023 12:19:09 PM Harry H. Joh Construction Inc. - Submitted - Mon Oct 16, 2023 2:51:32 PM Horizons Construction Company Int'I Inc. - Submitted - Tue Oct 17, 2023 2:58:59 PM J & H Engineering General Contractors, Inc. - Submitted - Mon Oct 16, 2023 3:22:51 PM J G CONTRACTING - Submitted - Mon Oct 16, 2023 1:18:49 PM LDCo., Inc - Submitted - Tue Oct 17, 2023 2:37:23 PM
Exhibit 2 520

DocuSign Envelope ID: 9A4C7896-8AD0-4CF6-A7E3-7E8AE08A9DFF Mackone Development Inc - Submitted - Tue Oct 17, 2023 1:46:37 PM Mak Construction & Project Management - Submitted - Tue Oct 17, 2023 12:38:24 PM MDJ Management, LLC - Submitted - Mon Oct 16, 2023 9:48:29 PM Mesa Energy Systems, Inc. - Submitted - Tue Oct 17, 2023 10:48:33 AM MIK Construction Inc. - Submitted - Tue Oct 17, 2023 1:23:33 PM Newton Construction and Management, Inc. - Submitted - Fri Oct 13, 2023 12:27:22 PM North Star Construction and Engineering, Inc. - Submitted - Tue Oct 17, 2023 4:21:41 PM Pacific Building Group - Submitted - Tue Oct 17, 2023 3:37:17 PM QUINCON, INC. - Submitted - Tue Oct 17, 2023 4:16:45 PM Rite -Way Roof Corporation - Submitted - Tue Oct 17, 2023 2:33:23 PM SJD&B, Inc. - Submitted - Tue Oct 17, 2023 2:33:54 PM
Staples Construction - Submitted - Mon Oct 16, 2023 5:10:21 PM Strategic Mechanical, Inc. - Submitted - Tue Oct 17, 2023 1:32:43 PM Terra West Construction Inc. - Submitted - Tue Oct 17, 2023 3:58:30 PM Turelk, Inc. - Submitted - Tue Oct 17, 2023 2:03:29 PM
Vincor Construction, Inc. - Submitted - Mon Oct 16, 2023 1:55:43 PM Vortex Construction - Submitted - Tue Oct 17, 2023 4:10:47 PM Wildscape Restoration Inc., dba Urban Greening - Submitted - Tue Oct 17, 2023 4:21:01 PM World Wide Construction - Submitted - Tue Oct 17, 2023 2:45:15 PM Wyatt Trapp, Inc. - Submitted - Mon Oct 16, 2023 1:08:19 PM The Bids were opened electronically, and a list of all Bidders was made publicly available in the Sourcewell Procurement Portal, on October 17, 2023, at 4:30:00 pm CT. All responsive bids were then submitted for review by the Sourcewell Bid Evaluation Committee.
,-DocuSigned by:
7BCA93CD6377421...

Brandon Town, NIGP-CPP, CPSM, CPSD, Procurement Analyst ,-DocuSigned by:
7F41572C858B4BA...

Craig West, Procurement Analyst
Exhibit 2 521

Proposal:

Applicant
Location:

Program Participation
Intergovernmental Broadband
Coordinating Committee (IBCC)
Citywide
City Council I September 9, 2024

REC OMMEN
• City commitment to develop, implement,
and evaluate digital inclusion activities.
• Resolution 2024-067 to authorize
participation in the program to be eligible
for program funding.

BAC
IBCC
establishment.

Digital Equity Act of
2021.

IBCC Southeast Los
Angeles Subregion.

City Council I September 9, 2024

PROPOSAL
City Council I September 9, 2024

REC OMMEN
• City commitment to develop, implement,
and evaluate digital inclusion activities.
• Resolution 2024-067 to authorize
participation in the program to be eligible
for program funding.

RESOLUTION APPROVING AN AGREEMENT FOR THE

PURCHASE AND INSTALLATION OF ADDITIONAL LED

LIGHTING AT VETERANS PARK
September 9, 2024

a
In 2022, City was awarded $3,997,000 in
Prop 68 grant funds (State funds)
In 2024, City was awarded $700,000 in HUD
Community Project Funding (Federal funds)
City has a total of $4,677,339 in FY 24/25 CIP
Budget for the Veterans Park Refurbishment
Parks for All Californians
and c:.,,I.,
Veterans Park Refurbishment `"`"t°°`°""°st
Amount
Grantee
Award Year
r undo p Source
Project Type
Project Status
Project Underway
;1Y1 I:h,dStr,ierd dtt
$3.977,3'39
nIwto, 0,
1 ,„,r
$3,977,339
Bell Gardens City of
202122
Prop. 68 Statewide P<rek Program
Improve or Expand Existing, Park
In Progress

Scope of Veterans Park Refurbishment includes:

New outdoor fitness equipment with shade sail
Community amphitheater with lawn
Two therapeutic gardens with signage
Two picnic areas
Walking trail system
Public art
Renovation of the basketball, tennis, futsal, and volleyball courts Improvement of the outdoor restrooms
Improvements to the interior of the Ross Hall Recreation Center & Cultural Center
•

Background
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1111111111111111

IIIIIIIIIIIIIIIIIIIIIIII
................................

CITY OF

BELL GARDENS
Project Name: Veterans Park Refurbishment
Program: Statewide Park Development and
Community Revitalization
Requested Grant Amount: S4,177,280
Area of Roes Hell
Recreation & Cultural Center
APPROX. AREA FOR RECREATION
Classroom El
Rance Stud:o ......... .........
m R3 (Kids Room)
RecsRoo
Classroom e4
Auditorium
LEGEND
322 SF
SAD SF
519 SF
3,394 SF

The Veterans Park Refurbishment will be completed in multiple phases to maximize City's funding resources and expedite completion of priority safety improvements.

To expedite completion of the necessary lighting improvements, City pursued a cooperative purchase solution; similar to recently completed Ford Park LED lighting improvements.

For the remaining components of the Veterans Park Refurbishment, City will solicit proposals within next 2 months for design services for the preparation of plans and specifications, with recommendation of agreement award by early 2025.

Goal is to put remaining project components out to bid by Summer 2025.

City has until June 2028 to complete entire project but intends to complete by Fall 2026.

11 Currently, the lighting at the ballfield, the Veterans memorial, and the volleyball court south of the playground require upgrades to enhance visibility and safety at night, especially during winter.

There are also three existing corroded light poles that were not replaced during the lighting upgrades completed in
2022 that are now in need of replacement.

Sewell '�'ricin� Solicit
Public Works reached out to ABM Electrical & Lighting Solutions, Inc. to solicit pricing for the purchase and installation of LED lighting for Veterans Park based on its Sourcewell contract.

Sourcewell followed a competitive bidding procedure and awarded a cooperative purchasing contract to ABM for construction activity, including the installation of LED lighting.

Public Works obtained a quote of $237,391.61 from ABM for the lighting improvements based on pricing from ABM's Sourcewell Contract.

Ballfield
Replacement of 40 sports light fixtures with new LED light fixtures Replacement of 2 area light fixtures with new LED light fixtures Volleyball Court
Replacement of 4 light fixtures with new LED light fixtures Veterans Memorial
Installation of 10 well lights to light each of 8 flagpoles and 2 well lights to light memorial monument
Installation of 1 walkway 15 -ft. LED light pole at monument sidewalk entrance Trenching and installation of 250 -ft. of conduit and wiring Corroded Light Poles
Replacement of 2 light poles east of Ross Hall with new LED light poles Replacement of 1 light pole east of ballfield with new LED light pole

Lighting Improvements
Scope of Work
................

Ballfield LED Sports Lights
Existing
................

Proposed

Volleyball ourt LED Lights
Existing
Proposed

eterans Memorial LED Liaht�
Proposed
Proposed

Veterans Memorial LEA Lights
Sample
Existing

corroded Veterans Park Light Poles

Proposed Veterans Park
Walkway Light Poles
(Square Bronze Poles)
Existing
Proposed

tine Improv
struction Sc
60 working days from issuance of Notice to Proceed (14 weeks); including material ordering, scheduling, and installation.

If contract is awarded tonight, installation would begin November 2024 and be completed December 2024.

nci ',ec ns

1. Adopt the attached Resolution approving an agreement with ABM Electrical & Lighting Solutions, Inc. for the purchase and installation of additional new LED lighting for a total amount not to exceed $237,391.61; and

2. Authorize the City Manager to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the agreement amount.

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