Bell Gardens City Council
March 24, 2025

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.

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.

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.

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.

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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
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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
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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).

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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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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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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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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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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.

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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

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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.

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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.

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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
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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

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

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

Remainder of Page Intentionally Left Blank.

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

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
Bid Number: IFB #CA -101723
Vendor Name: Page 878 of 924

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.

Bid Number: IFB #CA -101723
Vendor Name: a Page 879 of 924

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
a 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.

Bid Number: IFB #CA -101723
Vendor Name: Page 880 of 924

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.

Bid Number: IFB #CA -101723
Vendor Name: ^Page 881 of 924

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.

Bid Number: IFB #CA -101723
Vendor Name: Page 882 of 924

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.

Bid Number: IFB #CA -101723
Vendor Name: Page 883 of 924

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.

Bid Number: IFB #CA -101723
Vendor Name: ^Page 884 of 924

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 Bid Number: IFB #CA -101723
Vendor Name: Page 885 of 924

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.

Bid Number: IFB #CA -101723
Vendor Name: Page 886 of 924

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
Bid Number: IFB #CA -101723
Vendor Name: Page 887 of 924

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 Bid Number: IFB #CA -101723
Vendor Name: Page 888 of 924

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.

Bid Number: IFB #CA -101723
Vendor Name: Page 889 of 924

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
Bid Number: IFB #CA -101723
Vendor Name: Page 890 of 924

Bid Number: IFB #CA -101723
Vendor Name: Page 891 of 924

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

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

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
TO:

FROM:

BY:

SUBJECT:

DATE:

Honorable Mayor and City Council Members
Michael O'Kelly, City Manager
Daisy Gomez, City Clerk

LOCAL COMMISSIONS APPOINTMENT LIST
March 24, 2025
RECOMMENDATION:

It is staffs recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

BACKGROUND / DISCUSSION:

The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state -mandated AB 1234 ethics training and AB 1661 harassment training.

Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.

CONCLUSION:

After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT:No fiscal impact.

APPROVALS:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

CITY OF BELL GARDENS

NOTICE OF COMMISSION VACANCIES

AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:

NAME APPOINTED BY

VACANCY APPOINTMENT

POSTED DATE

EDUCATION COMMISSION
Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.

Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650 VACANT
Barcena
2/3/2025
VACANT
Chavez
12/9/2024
Crystal Jimenez
Juan Manuel Ro'as
De La Rosa
Guillen
1/13/2025
1/27/2025
Micuel Maravilla
Sanchez
1/13/2025

PLANNING COMMISSION
Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 5:15 p.m.

Staff Liaison —Steven Jones, City Planner, (562) 806-7722 Ernesto Ramirez
Barcena
04/08/2024
Carlos Jose Barrera
Chavez
1/13/2024
Kenneth Preciado
De La Rosa
1/13/2025
Yorgelvs Monrov
Oscar Boado
Guillen
Sanchez
2/11/2025
9/11/2023

RECREATION, CULTURAL AND YOUTH COMMISSION
Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison - Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 VACANT
Barcena
1/6/2025
VACANT
Chavez
12/9/2024
Ainslee Preciado
De La Rosa
2/24/2025
VACANT
Guillen
03/11/2025
Carmen Vargas
Sanchez
7/22/2024

SENIOR CITIZEN COMMISSION
Meeting Date - Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m.

Staff. Liaison Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Ana Maria Sanchez Flores
Barcena
Chavez
1/9/2023
VACANT
12/09/2024
VACANT
De La Rosa
VACANT
Guillen
Stephanie Perez
Sanchez
1/23/2023

TRAFFIC AND SAFETY COMMISSION
Meeting Date - First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.

Staff Liaison - Bernardo Iniguez , Director of. Public Works/Facilities (562) 806-777O David Heredia
Barcena
1/9/2023
VACANT
Chavez
12/09/2024
VACANT
De La Rosa
Samuel Perez
Guillen
2/24/2025
Hugo Alvarado
Sanchez
1/9/2023
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at (562) 806-7705 or email [email protected] for more information.

Daisy Gomez, City Clerk
Updated: 3/11/2025 Page 895 of 924

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Jennifer Pineda, Executive Assistant
SUBJECT: Legislative Update
DATE: March 24, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file this item.

BACKGROUND/ DISCUSSION:

The League of California Cities ("Cal Cities") was invited to provide a legislative update to keep the City Council abreast of legislation affecting the Los Angeles County and furthermore, the City of Bell Gardens. Cal Cities affirms their mission of strengthening California cities through advocacy and education while protecting local control. The Los Angeles County Division is made up of 86 cities which provide members with the opportunity of exchanging ideas and information while sharing the advantages of cooperative advocacy.

Cal Cities' 2025 Advocacy Priorities are as follows:

1. Protect local revenues and expand economic development tools.

2. Strengthen climate change resiliency and disaster preparedness.

3. Strengthen and modernize critical infrastructure.

4. Secure investments to prevent and reduce homelessness and increase the supply of affordable housing.

The Los Angeles County Division Strategic Priorities pertain to the City of Bell Gardens and may serve as a guiding component in addressing legislation that may impact the Bell Gardens community. The Strategic Priorities are as follows:

1. Educate city officials and support legislation, policies, funding and other resources that would improve public safety and law enforcement challenges.

2. Support adequate state funding and other resources to increase the required supply of affordable housing and needed local infrastructure.

3. Advocate for continuous, direct and equitable distribution of funding and other resources to address homelessness.

4. Support legislation and policies that protect and preserve local decision -making authority over land use, housing, and other matters traditionally reserved fc- ^'+:^^

Oppose unfunded mandates and seek funding for prior unfunded mandates.

Further discussion on the 2025 state budget, sponsored Cal Cities bills, and local impact will be provided by Cal Cities representative during their presentation.

CONCLUSION:

The League of California Cities serves as a valuable resource for cities, offering legislative advocacy and educational support. Through its efforts, Cal Cities provides opportunities for deeper involvement in legislation that affects local governments by providing tools to help expand and protect local control. The City of Bell Gardens can benefit from the resources and services offered by Cal Cities to enhance its participation in the legislative process.

FISCAL IMPACT: None.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

LEAGUE OF

CALIFORNIA
CITIES
Strengthening California Cities
through Advocacy and Education
City of Bell Gardens
Legislative Update

Cal Cities Mission
To expand and protect local control for cities through
education and advocacy to enhance the quality of life
for all Californians.

IZ6 10 668 abed
iti s.th c i vt 'C
nd Educa
ngthenin CifliforK
ton;

LEAGUE OF

CALIFORNIA
CITIES

CD
0 o
co
N
Divisions and Public Affairs Managers
Sara Sanders
Redwood Empire
Montana Cruz
Peninsula
David Mullinax
Channel Counties
Charles Anderson
Sacramento
Valley
L._
Deanna Sessums
Monterey Bay
Jeff Kiernan
Los Angeles
County
Jesse Ramirez
Riverside County
n,;gther7in iiiforrn
Citys.through Adva'oa
nd Edua"
ton;
Nancy Hall
Bennett
North Bay
Stephen Qualls
Central Valley
Jennifer Quan
Los Angeles
County
Laura Morales
Desert Mountain
Inland Empire
Kristine Guerrero
Director of Public Affairs
Sam Caygill
East Bay
Rajveer Rakkar
South San
Joaquin Valley
Nicholas Cabeza
Los Angeles
County
Catherine Hill
San Diego County
Imperial County

LEAGUE OF

CALIFORNIA
CITIES

VZ6 4° I.06 abed
os Ange
es County Division
ngthenin CifliforK
itl s.the Ava'C
I1 Educa
ton
The Los Angeles County Division is
made up of 86 cities within Los
Angeles County and provides
members with the opportunity to
exchange ideas and information
and share the advantages of
cooperative advocacy.

It includes more than 11 million
people, stretches 4,500 square miles
— making it one of the nation's
largest counties — and is led by
more than 550 elected officials.

LEAGUE OF

CALIFORNIA
CITIES

ngthenin CifliforK
2025 Advocacy Priorities
Protect local revenues and expand economic
development tools.

2. Strengthen climate change resiliency and disaster
preparedness.

3. Strengthen and modernize critical infrastructure.

4. Secure investments to prevent and reduce homelessness and increase the supply of affordable housing.
s.th c i vt 'C
nd Educa
ton;

LEAGUE OF

CALIFORNIA
CITIES

os Ange
es County Division Strategic Priorities
Educate city officials and support legislation, policies, funding and other resources that would improve public safety and law enforcement challenges.

Support adequate state funding and other resources to increase the required supply of affordable housing and needed local infrastructure.

Advocate for continuous, direct and equitable distribution of funding and other resources to address homelessness.

Support legislation and policies that protect and preserve local decision - making authority over land use, housing, and other matters traditionally reserved for cities. Oppose unfunded mandates and seek funding for prior unfunded mandates.

IZ6 10 £06 abed
LEAGUE €�F

CALIFORNIA
CITIES

VZ6 40 1706 abed
2025 Stat
h "henin Calif rK
iti s.th c i vt 'C
'y.
nd Educa
ton

LEAGUE OF

CALIFORNIA
CITIES

State Budget: Home
IZ610 906 abed
This year's state budget:

Does not include any new funding to
address homelessness.

Creates a new California Housing and
Homelessness Agency.

Reinforces the Governor's commitment
to increased accountability.
ngthenin CifliforK
iti s.th c i vt 'C
nd Educe
ton;

GOVERNOR'S BUDGET SUMMARY
2025-26
G Newsom, Governor

ATE OF CALIFORNIA

LEAGUE OF

CALIFORNIA
CITIES

IZ6 10 906 abed
State Budget: Home
Febntarv'6 `0'.'
The Honorable Gacw N rssom
Gos•ernot ofCaleforma
10_21 O St Ste 9000
Sacuuuenro. CA 95S:4
Senate President Pro Tempura. Mske \lcGitrre
1021 O Sneer. Ste SSIS
Sacramento CA 935.14
Senate Budget Chau Scott 33Seuec
1U.'1OSneet Ste 5630
Sacramento CA 93S14
Senate Budget Subcommittee 4 Chau
Clue Cabaldoas
102 O Street Ste '320
Sacramento CA 9 b'4
Assembly Speaker Robert Rivas
10_1 O Street Ste S'330
Sacramento. CA 95S14
Assembly Buufget C hau Jesse Gabnel
10,21 OStreet Ste '.3240
Saef AnlentJ (A9,513
Assembly Budget Subcommittee j Chau
Sharon Qua k,SilYa
l0,".'1 O Sneer, Ste 4210
Sacramento CA 913114
REc Ongoing Funding to Address Homelessness in the :0:6-:0'6 Budget Oexr Governor Ne^ norm Senate Pressdent pro Tempore McGuue. Asseeubl' Speaker Rtvas.

Senate Budget Chau Wiener er Assembly Budget Chau Gabnel Senate Sub 4 Chau ("abaldou and Assembly Sub t Chau C�unk.Sdva
Thank you for soutr corutmunent to addtessuu California's homelessness crdts C'nprecedeufed state uwesnueute snider your leader„lip hale helped teens of thousmrds of C alifornians--mote Cab formaus than met before. --exit homelessness access shelter and supportive retries and comsect to case 'Thanks to the Homeless Houssug Assistance, and Pre,noton OaiHAPD program beteseeu Janstacy 2023 and Dune :0'4 ou local conuuuntttes connected over 223 000 C'ahfomians to shelter winces, and hewing Os er `0 000 CaleWrmans exited homelessness t"or goad dining tbnr period through permanent housing. thanks to 31HAP Your 1:vestment us this program has m fact allowed Caltfomsa to experience sfuallet um eases m homelessness m _' 0'3 and .70'2 9 than the usnon ewer ;eared as a „ hole essness Fu
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s.th c i vt 'C
I� Educa
ton
d
A
in
g

LEAGUE OF

CALIFORNIA
CITIES

IZ6 10 L06 abed
State Bud
get: Affordable Housing & Public Safety
The Governor's budget proposal does
not commit ongoing funding for key
affordable housing programs, including
the Multi -Family Housing Program,
Adaptive Reuse Program, and the
Foreclosure Intervention Housing
Preservation program
The Governor's budget proposal does
not include any major investments
toward reducing retail theft, fentanyl,
or other related issues
h "henin Calif rK
citles.th Ava'C
nd Educa
ton;
PROPOSITION 36

IMPLEMENTATION FORUM
sn ss, Drug Adddicti+ n, and ;The Act
November 5, 2024, an be arse effective on
ye makes several key changes to California ap(ro
oin our panel of speakers to undderstand'these chant
law enforcement agencies are navigating the n u
your city, residents, and business
rid by the
Thai theft
nd iearri h VVOttr
rndhowitwild
No Cost to Attend
Thursday, April 10, 2025
2:00 - 5:00 PM
LPA1iii6

CALIFORNIA
CITIES
A4,rieiet <..OLor:ty
Association for Los
Angeles Deputy Sheriffs
(ALADS) Headquarters
2 Cupania Circle,
Monterey Park

LEAGUE OF

CALIFORNIA
CITIES

IZ6 10 806 abed
nsore• Le.islaflon
h "heC?l1t1 CifllfG rn
s.
ton;

LEAGUE OF

CALIFORNIA
CITIES

IZ6 10 606 abed
Homeless encampment collaboratio
act
SB 569 (Blakespear) Department of Transportation: Homeless Encampments.

This measure would require the California Department of Transportation (Caltrans) to coordinate with local governments to address and prevent homeless encampments located on state property.

Cal Cities Position: Co-Sponsor/Support
ren,;gthenin Cal
orni
itles.t rough A v0'
nd Education
LEAGUE €�F

CALIFORNIA
CITIES

SB 454 (McNerney) State Water Resources Control Board: PFAS Mitigation Program.

This measure would create the PFAS Mitigation Fund to support cities and local water agencies treat and remediate PFAS from water and wastewater supplies.

Cal Cities Position: Sponsor/Support
IZ6 10 0 1,6 abed
LEAGUE €�F

CALIFORNIA
CITIES

Short-term rentals
SB 346 (Durazo) Local Agencies: Transient Occupancy Taxes:

Short-term Rental Facilitator.

This measure would require short-term rental facilitators, at the request of a city, to provide the Assessor Parcel Number of a short-term rental listing to a city and would provide cities audit authority for transient occupancy taxes collected and remitted by short-term rental facilitators.

Cal Cities Position: Sponsor/Support
17Z6 40 I.I-6 abed
LEAGUE €�F

CALIFORNIA
CITIES

AB 262 (Caloza) California Individual Assistance Act.

This measure would establish the California Individual Assistance Act under the Office of Emergency Services to distribute funding to local agencies, community -based organizations, and
individuals with assistance following a disaster. This measure's intent is to quickly provide assistance to California residents following the declaration of a local or state emergency that may not warrant federal disaster assistance for individuals.

Cal Cities Position: Sponsor/Support
IZ610 Z 1, 6 abed
LEAGUE €�F

CALIFORNIA
CITIES

Ralph M. Brown Act
SB 239 (Arreguin) Open Meetings: Teleconferencing: Subsidiary Body.

This measure would modernize the Brown Act for advisory bodies and improve representation by allowing increased
teleconferencing flexibility for certain advisory bodies.

Cal Cities Position: Co-Sponsor/Support
IZ6 10 £ 1,6 abed
LEAGUE €�F

CALIFORNIA
CITIES

VZ6 4° 146 abed
AB 650 (Papan) Planning and Zoning: Housing Element: Regional Housing Needs Allocation.

Currently a spot bill, this measure will be amended to significantly improve the housing element review process by encouraging local jurisdictions to begin planning earlier and providing greater clarity and certainty to a difficult and complex process. This measure would allow local jurisdictions to begin the housing element update six months earlier than what is required under existing law; support good faith actors that are working through the housing element review process; and require HCD to provide written communication that identifies specific deficiencies in the draft and text or analysis that HCD believes needs to be included to comply with the law.

Cal Cities Position: Sponsor/Support
LEAGUE €�F

CALIFORNIA
CITIES

IZ610 91,6 abed
SB 456 (Ashby) Contractors:

Exemptions: Muralists.

This measure would exempt
muralists from having to obtain a
contractors license through the
California State Licensing Board
before being commissioned for
public and private art projects.

Cal Cities Position:

Co-Sponsor/Support
ngthenin CifliforK
isles.th Ava
I1 Educa
ton
This proposed project in the City of Milpitas was
put on hold due to these licensure
requirements.

If your city has examples of murals that have
been delayed or could not move forward,
please email those to cgrinder@ca/cities.org.

LEAGUE OF

CALIFORNIA
CITIES

Transportation, Communications, and Pu
blic Works
SB 74 (Seyarto) Infrastructure Gap -Fund Program.

This measure would provide grants to local shovel -ready projects.

AB 476 (Gonzalez, Mark) Recyclers: Copper Theft.

This measure would enhance regulations to reduce metal theft and improve enforcement.

Cal Cities Position: Sponsor/Support
IZ6 10 9 1,6 abed
LEAGUE €�F

CALIFORNIA
CITIES

Nicholas Cabeza
Regional Public Affairs Manager
ncabeza©calcities.org

LEAGUE OF

CALIFORNIA
CITIES
IZ6 10 8 1,6 abed

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Jennifer Pineda, Executive Assistant
SUBJECT: Consideration of Adoption of a Resolution Denouncing Institutionalized Violence Against Youth and Affirming the City's Commitment to Supporting Programs That Promote Youth Safety, Well -Being and Success
DATE: March 24, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached Resolution denouncing Institutionalized violence against youth and affirming the City's commitment to supporting programs that promote youth safety, well-being and success.

BACKGROUND/ DISCUSSION:

During the March 10, 2025 City Council meeting, Councilmember Marco Barcena directed staff to prepare a resolution denouncing institutionalized violence against youth and affirming the City's commitment to supporting programs that promote youth safety, well- being and success.

The attached Resolution aims to affirm that the City of Bell Gardens stands in solidarity with those advocating for the well-being and rights of youth.

CONCLUSION:

Staff recommends the approval of the attached resolution to address institutionalized violence against youth and the City's mission to invest in youth services and preventative initiatives to provide a safe and supportive environment for youth.

FISCAL IMPACT: None.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2025-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS DENOUNCING INSTITUTIONALIZED VIOLENCE

AGAINST YOUTH AND AFFIRMING THE CITY'S COMMITMENT

TO SUPPORTING PROGRAMS THAT PROMOTE YOUTH

SAFETY, WELL-BEING, AND SUCCESS
WHEREAS, the City of Bell Gardens ("City") upholds its dedication to ensuring the safety, dignity, and well-being of all youth within our community; and WHEREAS, reports have surfaced regarding the occurrence of "gladiator fights" within Los Padrinos Juvenile Hall, where minors were allegedly coerced, manipulated, or pressured into participating in violent, unsanctioned fights, which may have resulted in physical harm, emotional trauma, and contribute to an atmosphere of fear and violence; and
WHEREAS, such acts undermine the core values of justice, rehabilitation, and restorative practices, and fail to address the root causes of youth involvement in the juvenile justice system; and
WHEREAS, any form of institutionalized violence against youth violates the basic human rights of minors and breaks the legal and ethical obligations of institutions to provide a safe and supportive environment that helps with rehabilitation and personal growth; and
WHEREAS, the City acknowledges the critical need for investments in preventative initiatives that furnish positive alternatives to violence, incarceration, and systemic neglect; and
WHEREAS, the City actively endorses community organizations, after -school programs, mental health services, and mentorship initiatives that empower youth and cultivate secure environments conducive to personal growth and development; and WHEREAS, the City engages in collaborative efforts with local law enforcement, educational institutions, and advocacy organizations to safeguard youth from abuse and to provide access to resources that promote their success; and WHEREAS, addressing institutional inadequacies and advocating for accountability within juvenile facilities resonates with the City's mission to prioritize public safety and uphold human rights for all residents, including our youngest and most vulnerable citizens; and
WHEREAS, the City affirms this resolution as a reflection of its commitment to upholding the highest standards of care and humane treatment for all minors, particularly those under state care.

Resolution No. 2025-30

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council, after consideration of the staff report and discussion, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council firmly denounces the institutionalized violence, neglect, and abuse of youth, particularly those in detention facilities, and calls for sustained reform and oversight to avert further harm.

SECTION 3. The City Council calls for the implementation of strict policies prohibiting any form of physical altercations or violence between minors, as well as establishing clear channel for reporting incidents of abuse, mistreatment, or violence without fear of retaliation.

SECTION 4. The City Council stands in solidarity with those advocating for the well-being and rights of youth in the juvenile justice system and calls for reforms aimed at ensuring that all juvenile detention centers provide environments that promote healing, rehabilitation, and positive development for incarcerated youth.

SECTION 5. The City Council expresses its steadfast support for organizations and programs that furnish youth with educational opportunities, mentorship, mental health resources, and safe recreational activities.

SECTION 6. The City Council encourages collaboration among local, county, and state agencies to formulate and implement strategies that reduce youth incarceration and enhance access to community -based alternatives.

SECTION 7. The City Council directs the City Manager to explore additional partnerships and funding avenues that will expand youth services and guarantee that all of the City's youth have access to secure and supportive environments.

SECTION 8. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original Resolutions, and it shall become effective immediately upon its approval.
2 of 4

Resolution No. 2025-30
PASSED, APPROVED AND ADOPTED this 24th day of March 2025.

THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
3 of 4
Daisy Gomez
City Clerk

Resolution No. 2025-30
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
4 of 4