Desert Hot Springs City Council
December 12, 2024

3 Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 6. EFFECTIVE DATE
That this Resolution shall take effect immediately upon adoption.

Section 7. CERTIFICATION
That the City Clerk acting for the Successor Agency shall certify to the passage of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED on this 12th day of December 2024 by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: _____________________________
Scott Matas
Successor Agency Chair
_____________________________
Jerryl Soriano
Successor Agency Secretary
APPROVED AS TO FORM:
____________________________
Tuan-Anh Vu
Successor Agency General Counsel
Item Number: 8.

4 EXHIBIT “A”
ROPS 25-26 COVERING THE PERIOD OF JULY 1, 2025
THROUGH JUNE 30, 2026
AND

RELATED ADMINSTRATIVE BUDGET

SEE ATTACHED
Item Number: 8.

Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Desert Hot Springs
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 431,156 $ 1,398,656 $ 1,829,812 F RPTTF 306,156 1,273,656 1,579,812
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 431,156 $ 1,398,656 $ 1,829,812 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Item Number: 8.

Desert Hot Springs
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$32,937,461 $1,829,812 $- $- $- $306,156 $125,000 $431,156 $- $- $- $1,273,656 $125,000 $1,398,656 1 Trustee Fees
Wells Fargo
Bank
Fees 07/01/
2006
07/01/2040 Wells
Fargo
Bank
Fiscal Agency
Services All
Bond
Indentures
estimated
$8,000
through year
2038
All 149,900 N $2,500 - - - 2,500 - $2,500 - - - - - $-
14 Successor
Agency
Administration
Admin
Costs
02/01/
2012
06/30/2039 City of
Desert Hot
Springs
The amount
requested for
the
Administrative
Allowance is
consistent
with the
provisions of
HSC § 34171
(b)
All 501,372 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 39 2017
Subordinat
Tax Allocation
Refundong
Bond - June
21, 2017
(refinance
2008A-2,
2006 and
2009 Bonds)

INTEREST
ONLY

PORTION
Bonds
Issued
After 12/
31/10
06/21/
2017
09/01/2039 Wilmington
Trust, NA
Debt Service
payments -
interest
payments are
due each
September
1st and
March 1st.

All 6,554,404 N $607,312 - - - 303,656 - $303,656 - - - 303,656 - $303,656 40 2017
Subordinat
Tax Allocation
Refundong
Bond - June
21, 2017
(refinance
2008A-2,
2006 and
2009 Bonds)

PRINCIPAL
Bonds
Issued
After 12/
31/10
06/21/
2017
09/01/2039 Wilmington
Trust, NA
Debt Service
payments -
Principal
reduction
payments are
due each
March 1st.

All 25,731,785 N $970,000 - - - - - $- - - - 970,000 - $970,000 Item Number: 8.

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF

REDUCTION
ONLY

PORTION
Item Number: 8.

Desert Hot Springs
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
2,111,734 1,459,502 86,071 - Cell C-1 is the required debt service reserve for the bonds which is held by the trustee.

Cell E-1 are prior ROPS RPTTF which will be
used for the 23-24 ROPS period. Cell F-1 is
the remaining amount of income received
from property previously held by the Agency
and will be used for the 23-24 ROPS period.
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
3,434,836 Cell G-2 is the RPTTF distributions of
$1,802,962 in June 2022 and $1,631,874
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
69,517 1,459,502 86,071 3,434,836
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required
Item Number: 8.

Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$2,042,217 $- $- $- $-
Item Number: 8.

Desert Hot Springs
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
1 14
39 40
Item Number: 8.

City of Desert Hot Springs Administrative Services Budget 2025-2026 Description Amount
Salaries $ 161,165
Benefits $ 16,301
Taxes $ 10,980
PERS Retirement $ 15,572
Workers Comp/General Liability $ 23,176
Successor Agency Attorney $ 10,000
Financial Consultant/Audit $ 12,806
Total $ 250,000
Item Number: 8.

SR-24-253
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 12, 2024
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: (Successor Agency) Last and Final Recognized Obligation Payment Schedule (Last and Final ROPS) July 1, 2026 Through June 30, 2040 RECOMMENDATION:

Adopt a Resolution of the Successor Agency approving the Last and Final Recognized Obligation Payment Schedule (Last and Final ROPS) and Administrative Budget for the Successor Agency for the period of July 1, 2026 through June 30, 2040.

DISCUSSION:

Health & Safety Code Section 34177 required that the Successor Agency (“Successor Agency”) to the Redevelopment Agency of the City of Desert Hot Springs (“Former RDA”) approve a Recognized Obligation Payment Schedule (“ROPS”) on an annual basis following the dissolution of the Former RDA. The ROPS outlines enforceable obligations to be paid from the former tax increment funds, bond proceeds, and redevelopment trust funds. Once a ROPS is approved by the Successor Agency Board, the county-wide Oversight Board, and the Department of Finance (“DOF”), the ROPS serves as a permanent schedule of the obligations authorized to be paid for the continued wind down of the affairs of the Former RDA. Since the dissolution of the Redevelopment Agencies in 2012, the City, as Successor Agency to the former Redevelopment Agency has been submitting the ROPS annually to the Department of Finance for the repayment of the listed obligations.

Health and Safety Code Section 34191.6(a) allows agencies to submit a Last and Final ROPS if all of the following conditions are met:
• The remaining debt is limited to administrative costs and payments pursuant to enforceable obligations with defined payment schedules, including, but not limited to, debt service, loan agreements, and contracts.
• All remaining obligations have been previously listed on the ROPS and approved for payment by the Department of Finance.
• The agency is not party to outstanding or unresolved litigation Since the 2017 Tax Allocation Refunding Bonds and administrative costs are the only obligations remaining on the schedule, the Successor Agency is qualified to submit a Last and Final ROPS starting with the 26-27 ROPS period. The Last and Final ROPS will cover the funding for the Item Number: 9.

SR-24-253
remaining former Redevelopment Agency obligations until the obligations are satisfied, which will occur in 2040.

Once the Last and Final ROPS is approved by the Successor Agency Board and the Oversight Board, it will be submitted to the State Controller’s Office, the County Auditor-Controller’s Office and the Department of Finance (DOF). The Department of Finance has 100 days to review and approve the Last and Final ROPS. Since the DOF has a longer timeframe to review the Last and Final ROPS, staff decided to submit the ROPS 25-26 separately and not include it on the Last and Final ROPS so as not to delay the funding for the 25-26 period.

Once the DOF has approved the Last and Final ROPS, the Successor Agency will receive funding from the property tax increment on an annual basis to fund the remaining obligations. The Successor Agency will no longer need to approve and submit the annual ROPS.

FISCAL IMPACT:

Funding sources for the expenditures listed in the Last and Final ROPS will be paid from the Former RDA property tax increment, Successor Agency administrative allowance, and debt reserve accounts as needed. The total amount of obligations scheduled to be paid during the period July 1, 2026 to June 30, 2040 is $18,040,538. A total of $17,375,538 of such obligations is for debt service principal and interest payments; trustee fees of $35,000; and an amount of $630,000 for the RPTTP administrative fees.

ATTACHMENTS:
1) SA Resolution Last and Final ROPS
2) Last and Final ROPS RadAPP
3) Last and Final ROPS Administrative Budget
Item Number: 9.

1 RESOLUTION NO. _____

RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF DESERT HOT

SPRINGS APPROVING THE LAST AND FINAL RECOGNIZED

OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD JULY
1, 2026 THROUGH JUNE 30, 2040, PURSUANT TO HEALTH AND
SAFETY CODE SECTION 34191.6
WHEREAS, the City Council of the City of Desert Hot Springs agreed to serve as the successor agency to the Redevelopment Agency of the City of Desert Hot Springs (“Redevelopment Agency”) commencing upon dissolution of the Redevelopment Agency on February 1, 2012 pursuant to Assembly Bill x1 26; and WHEREAS, pursuant to Health and Safety Code Section 34191.6, the successor agency may submit a Last and Final Recognized Obligation Payment Schedule for the approval of the Oversight Board and State Department of Finance if all of the following conditions are met: (i) the remaining debt of a successor agency is limited to administrative costs and payments pursuant to enforceable obligations with defined payment schedules; (ii) all remaining obligations have been previously listed on a Recognized Obligation Payment Schedule and approved for payment by the department pursuant to subdivision (m) or (o) of Section 34177; (iii) the successor agency is not party to outstanding or unresolved litigation; and WHEREAS, commencing with the ROPS period beginning July 1, 2016, each ROPS now must list enforceable obligations covering a one-year period and must now be submitted to and approved by the Department of Finance on an annual basis; and WHEREAS, the Successor Agency has prepared a Last and Final ROPS and an administrative budget covering the period July 1, 2026 through June 30, 2040 (“Last and Final ROPS”); and
WHEREAS, the Successor Agency administrative budget covering the period of July 1, 2026 through June 30, 2040, as part of the Last and Final ROPS, is consistent with the provisions of HSC Section 34171 (b); and
WHEREAS, previously, it was required that each ROPS be submitted to the County Administrative Officer, County Auditor-Controller, the State Department of Finance, and the county-wide oversight board, which oversees the wind down activities of the Successor Agency; and
WHEREAS, it is anticipated that the Successor Agency Board-approved Last and Final ROPS will be presented to the Oversight Board at its regularly scheduled meeting on January 16, 2025.

Item Number: 9.

2 NOW THEREFORE, the Successor Agency to the Redevelopment Agency of the City of Desert Hot Springs hereby resolves:

Section 1. RECITALS
That the Recitals set forth above are true and correct.

Section 2. APPROVAL OF THE LAST AND FINAL ROPS AND

ADMINISTRATIVE BUDGET
That the Successor Agency hereby approve and adopt the Last and Final ROPS and the related administrative budget, in substantially the form attached hereto as Exhibit A.

Section 3. TRANSMITTAL
That Successor Agency staff is directed to transmit the Last and Final ROPS to the County Administrative Officer, the County Auditor-Controller, and the State Department of Finance, to the extent the same has not already been transmitted.

Section 4. OTHER ACTS
That each officer of the Successor Agency, including Successor Agency General Counsel, is hereby authorized and directed, jointly and severally, to execute and deliver such documents and instruments and to do such things which may be necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified, approved and confirmed. Such acts shall include, but shall not be limited to, reformatting of the Last and Final ROPS as may be required by the Department of Finance.

The City Manager, as the Successor Agency’s Executive Director or designee, is authorized to: i) post the Last and Final ROPS on the City’s website, ii) transmit the Last and Final ROPS to the State Department of Finance and the County Auditor-Controller for their review within the timeframe and in the manner prescribed by HSC; and iii) make ministerial revisions to the Last and Final ROPS, which may include, but are not limited to restating the information included within the Last and Final ROPS in any format that may be requested by the State Department of Finance, take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution, and to implement the Last and Final ROPS on behalf of the Successor Agency, including authorizing and causing such payments.

Section 5. SEVERABILITY
That if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or Item Number: 9.

3 application, and to this end the provisions of this Resolution are severable. The Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 6. EFFECTIVE DATE
That this Resolution shall take effect immediately upon adoption.

Section 7. CERTIFICATION
That the City Clerk acting for the Successor Agency shall certify to the passage of this Resolution and enter it into the book of original resolutions. [SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 9.

4 PASSED, APPROVED AND ADOPTED on this 12th day of December 2024 by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
____________________________ _______________________________ Jerryl Soriano, City Clerk Scott Matas
Successor Agency Secretary Successor Agency Chair
APPROVED AS TO FORM:
____________________________
Tuan-Ahn Vu
Successor Agency General Counsel
Item Number: 9.

5 EXHIBIT “A”
Last and Final ROPS COVERING THE PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2040
AND

RELATED ADMINSTRATIVE BUDGET

SEE ATTACHED
Item Number: 9.

Last and Final Recognized Obligation Payment Schedule (ROPS) - Summary Filed for the July 1, 2025 through June 30, 2040 Period Successor Agency: Desert Hot Springs
County: Riverside
Initial ROPS
Period:
25-26A
Final ROPS Period: 39-40B
Requested Funding for Enforceable Obligations Total Outstanding Obligation A Enforceable Obligations Funded as Follows (B+C) $-
B Bond Proceeds -
C Other Funds -
D Redevelopment Property Tax Trust Fund (RPTTF) (E+F) $18,040,538 E RPTTF 17,410,538
F Administrative RPTTF 630,000
G Total Outstanding Obligations (A+D) $18,040,538
Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Item Number: 9.

A Period
July - December
ROPS Period
Fund Sources
Six-Month
Bond Total
Proceeds
Other
Funds RPTTF Admin RPTTF
$- $- $15,572,769 $315,000 $15,887,769
ROPS 25-26A - - - - $-
ROPS 26-27A - - 1,298,881 22,500 $1,321,381
ROPS 27-28A - - 1,323,881 22,500 $1,346,381
ROPS 28-29A - - 1,352,631 22,500 $1,375,131
ROPS 29-30A - - 1,385,006 22,500 $1,407,506
ROPS 30-31A - - 1,405,881 22,500 $1,428,381
ROPS 31-32A - - 1,440,506 22,500 $1,463,006
ROPS 32-33A - - 1,473,506 22,500 $1,496,006
ROPS 33-34A - - 1,034,881 22,500 $1,057,381
ROPS 34-35A - - 1,050,194 22,500 $1,072,694
ROPS 35-36A - - 924,431 22,500 $946,931
ROPS 36-37A - - 879,919 22,500 $902,419
ROPS 37-38A - - 895,913 22,500 $918,413
ROPS 38-39A - - 916,400 22,500 $938,900
ROPS 39-40A - - 190,739 22,500 $213,239
B Period
January - June
Twelve-Month
Total
ROPS Period
Fund Sources
Six-Month
Bond Total
Proceeds
Other
Funds RPTTF Admin RPTTF
$- $- $1,837,769 $315,000 $2,152,769 $18,040,538
ROPS 25-26B - - - - $- $-
ROPS 26-27B - - 296,381 22,500 $318,881 $1,640,262
ROPS 27-28B - - 271,381 22,500 $293,881 $1,640,262
ROPS 28-29B - - 245,131 22,500 $267,631 $1,642,762
ROPS 29-30B - - 217,506 22,500 $240,006 $1,647,512
ROPS 30-31B - - 188,381 22,500 $210,881 $1,639,262
ROPS 31-32B - - 158,006 22,500 $180,506 $1,643,512
ROPS 32-33B - - 126,006 22,500 $148,506 $1,644,512
ROPS 33-34B - - 92,381 22,500 $114,881 $1,172,262
ROPS 34-35B - - 77,694 22,500 $100,194 $1,172,888
ROPS 35-36B - - 61,931 22,500 $84,431 $1,031,362
ROPS 36-37B - - 47,419 22,500 $69,919 $972,338
ROPS 37-38B - - 33,413 22,500 $55,913 $974,326
ROPS 38-39B - - 18,900 22,500 $41,400 $980,300
ROPS 39-40B - - 3,239 22,500 $25,739 $238,978
Desert Hot Springs
Last and Final Recognized Obligation Payment Schedule (ROPS) - Summary by ROPS Period July 1, 2025 through June 30, 2040
Item Number: 9.

A
Item
#
1 2
14 17
39 40
T U
26-27A (Jul-Dec)
RPTTF Admin
RPTTF
$1,298,881 $22,500
2,500 -
- -
- -
- -
296,381 -
1,000,000 -
X Y
26-27B (Jan-Jun)
RPTTF Admin
RPTTF
$296,381 $22,500
- -
- -
- -
- -
296,381 -
- -
AB AC
27-28A (Jul-Dec)
RPTTF Admin
RPTTF
$1,323,881 $22,500
2,500 -
- -
- -
- -
271,381 -
1,050,000 -
AF AG
27-28B (Jan-Jun)
RPTTF Admin
RPTTF
$271,381 $22,500
- -
- -
- -
- -
271,381 -
- -
AJ AK
28-29A (Jul-Dec)
RPTTF Admin
RPTTF
$1,352,631 $22,500
2,500 -
- -
- -
- -
245,131 -
1,105,000 -
AN AO
28-29B (Jan-Jun)
RPTTF Admin
RPTTF
$245,131 $22,500
- -
- -
- -
- -
245,131 -
- -
AR AS
29-30A (Jul-Dec)
RPTTF Admin
RPTTF
$1,385,006 $22,500
2,500 -
- -
- -
- -
217,506 -
1,165,000 -
AV AW
29-30B (Jan-Jun)
RPTTF Admin
RPTTF
$217,506 $22,500
- -
- -
- -
- -
217,506 -
- -
AZ BA
30-31A (Jul-Dec)
RPTTF
Admin
RPTTF
$1,405,881 $22,500
2,500 -
- -
- -
- -
188,381 -
1,215,000 -
Desert Hot Springs
Last and Final Recognized Obligation Payment Schedule (ROPS) - ROPS Detail July 1, 2025 through June 30, 2040
(Report Amounts in Whole Dollars)

A B C D E F G H I
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description
Project
Area
Total
Outstaning
Obligation
$18,040,538
1 Trustee Fees Wells Fargo Bank Fees 07/01/2006 07/01/2040 Wells Fargo Bank
Fiscal Agency Services All Bond Indentures estimated
$8,000 through year 2038
All 35,000
2 2008 Series A-1 Tax Allocation Bond Bonds Issued On
or Before 12/31/10
04/23/2008 09/01/2023 Wells Fargo
Bank Trustee
Debt Service payment interest due September 1, 2017 and March 1, 2018
All -
14 Successor Agency Administration Admin Costs 02/01/2012 06/30/2039 City of Desert Hot Springs
The amount requested for the Administrative Allowance is consistent with the provisions of HSC § 34171 (b)
All 630,000
17 SERAF Loan Repayment SERAF/ERAF 05/06/2010 06/30/2039 DHS Housing Authority
Repay SERAF Loan from LMIHF All -
39 2017 Subordinat Tax Allocation Refundong Bond - June 21, 2017 (refinance 2008A-2, 2006 and 2009 Bonds) INTEREST ONLY PORTION
Bonds Issued After
12/31/10
06/21/2017 09/01/2039 Wilmington
Trust, NA
Debt Service payments - interest payments are due each
September 1st and March 1st.

All 3,675,538
40 2017 Subordinat Tax Allocation Refundong Bond - June 21, 2017 (refinance 2008A-2, 2006 and 2009 Bonds) PRINCIPAL REDUCTION ONLY PORTION Bonds Issued After
12/31/10
06/21/2017 09/01/2039 Wilmington
Trust, NA
Debt Service payments - Principal reduction payments are due each March 1st.

All 13,700,000
Item Number: 9.

A
Item
#
1 2
14 17
39 40
BD BE
30-31B (Jan-Jun)
RPTTF Admin
RPTTF
$188,381 $22,500
- -
- -
- -
- -
188,381 -
- -
BH BI
31-32A (Jul-Dec)
RPTTF Admin
RPTTF
$1,440,506 $22,500
2,500 -
- -
- -
- -
158,006 -
1,280,000 -
BL BM
31-32B (Jan-Jun)
RPTTF Admin
RPTTF
$158,006 $22,500
- -
- -
- -
- -
158,006 -
- -
BP BQ
32-33A (Jul-Dec)
RPTTF Admin
RPTTF
$1,473,506 $22,500
2,500 -
- -
- -
- -
126,006 -
1,345,000 -
BT BU
32-33B (Jan-Jun)
RPTTF Admin
RPTTF
$126,006 $22,500
- -
- -
- -
- -
126,006 -
- -
BX BY
33-34A (Jul-Dec)
RPTTF Admin
RPTTF
$1,034,881 $22,500
2,500 -
- -
- -
- -
92,381 -
940,000 -
CB CC
33-34B (Jan-Jun)
RPTTF Admin
RPTTF
$92,381 $22,500
- -
- -
- -
- -
92,381 -
- -
CF CG
34-35A (Jul-Dec)
RPTTF Admin
RPTTF
$1,050,194 $22,500
2,500 -
- -
- -
- -
77,694 -
970,000 -
CJ CK
34-35B (Jan-Jun)
RPTTF
Admin
RPTTF
$77,694 $22,500
- -
- -
- -
- -
77,694 -
- -
A
Item
#
1 2
14 17
39 40
CN CO
35-36A (Jul-Dec)
RPTTF
Admin
RPTTF
$924,431 $22,500
2,500 -
- -
- -
- -
61,931 -
860,000 -
CR CS
35-36B (Jan-Jun)
RPTTF Admin
RPTTF
$61,931 $22,500
- -
- -
- -
- -
61,931 -
- -
CV CW
36-37A (Jul-Dec)
RPTTF Admin
RPTTF
$879,919 $22,500
2,500 -
- -
- -
- -
47,419 -
830,000 -
CZ DA
36-37B (Jan-Jun)
RPTTF Admin
RPTTF
$47,419 $22,500
- -
- -
- -
- -
47,419 -
- -
DD DE
37-38A (Jul-Dec)
RPTTF Admin
RPTTF
$895,913 $22,500
2,500 -
- -
- -
- -
33,413 -
860,000 -
DH DI
37-38B (Jan-Jun)
RPTTF Admin
RPTTF
$33,413 $22,500
- -
- -
- -
- -
33,413 -
- -
DL DM
38-39A (Jul-Dec)
RPTTF Admin
RPTTF
$916,400 $22,500
2,500 -
- -
- -
- -
18,900 -
895,000 -
DP DQ
38-39B (Jan-Jun)
RPTTF Admin
RPTTF
$18,900 $22,500
- -
- -
- -
- -
18,900 -
- -
DT DU
39-40A (Jul-Dec)
RPTTF Admin
RPTTF
$190,739 $22,500
2,500 -
- -
- -
- -
3,239 -
185,000 -
Item Number: 9.

A
Item
#
1 2
14 17
39 40
DX DY
39-40B (Jan-Jun)
RPTTF Admin
RPTTF
$3,239 $22,500
- -
- -
- -
- -
3,239 -
- -
Item Number: 9.

City of Desert Hot Springs Administrative Services Budget Last & Final Description Amount
Salaries $ 19,000
Benefits $ 2,000
Taxes $ 2,000
PERS Retirement $ 2,000
Workers Comp/General Liability $ 5,000
Annual audit $ 5,000
Continuing disclosures $ 10,000
Total $ 45,000
Item Number: 9.

SR-24-256
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 12, 2024
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award Construction Agreement for the Hacienda Avenue Street Improvement Project 3003
RECOMMENDATION:
1) Award the construction agreement for Hacienda Avenue Street Improvement Project, City Project No. 3003, to the lowest responsive qualified bidder All American Asphalt; and 2) Authorize the City Manager to draft and execute the construction agreement for Hacienda Avenue Street Improvement Project, City Project No. 3003, with All American Asphalt, in an amount not to exceed $6,631,992.00, with a 10% contingency of $663,199.20 bringing the total amount to $7,295,191.20. And approve a total project budget in an amount of $7,469,191.20 for additional project expenses for construction management.

BACKGROUND:

The Hacienda Avenue Street Improvement Project extends along Hacienda Avenue from West Drive to Tamar Drive. The project scope of work includes the construction of 10,000 lineal feet of sidewalk with ADA accessible driveways, new bike lane, new parkway with landscaping, 39 new street lights, new ADA ramps, and new striped crosswalks. These improvements will provide a safer pedestrian and bicycle access route to various schools, parks, transit route stops, commercial areas, and residential neighborhoods.

On January 19, 2021, the City Council Awarded the professional services agreement for engineering design for the Hacienda Avenue Street Improvement Project to Kimley-Horn and Associates.

In order to secure funding for the construction of the project the City applied and was awarded multiple grant funds for this project.

On March 13, 2019, the City applied and was awarded $1,322,000.00 for the construction of the Hacienda Ave Street Improvement Project from the California Active Transportation Program (ATP) Grant Funds Cycle 4.

On March 6, 2024, the City applied was awarded $2,999,000.00 for the construction of the Hacienda Ave Street Improvement Project from the Clean California Local Grant Program Cycle 2.

The design has now been completed, plan checked, and all approvals have been obtained by the various required agencies.

Item Number: 10.

SR-24-256
DISCUSSION:

On October 22, 2024, the City of Desert Hot Springs issued a Notice of Inviting Bids for construction of the Hacienda Avenue Street Improvement Project, City Project No. 3003. The Notice of Inviting Bids was posted on the City’s website and with Planit Reprographics, a local valley clearing house for public bid solicitations. The Notice of Inviting Bids was released for 34 days, closing on November 25, 2024.

On November 25, 2024, City Staff received and publicly opened three (3) bids packages. The following are the bid packets received with corresponding total bid amounts, the detailed bid tabulation is shown as an exhibit.

Lowest to Highest Contractor Name Contractor
Address/Phone # Bid Amount
1 All American Asphalt PO Box 2229 Corona
CA 92878 $ 6,631,992.00
2 Onyx Paving Co.
2890 E. La Cresta
Ave, Anaheim CA
92806
$ 6,963,000.00
3 Granite Construction
Co.
38000 Monroe Street,
Indio CA 92203 $ 7,163,617.00
Staff reviewed the bids and verified all submittals and determined the lowest responsible bidder to be All American Asphalt. with a total bid amount $6,631,992.00. Staff verified references and found All American Asphalt to meet the necessary qualifications.

Staff is recommending that City Council award the construction contract agreement to the lowest responsible bidder, All American Asphalt.

FISCAL IMPACT:

Hacienda Ave Street Improvements
Construction Costs Quantities
Lowest Bid $ 6,631,992.00
Contingency 10% - Base $ 663,199.20
Total Bid with Contingency $ 7,295,191.20
Construction Management Quantities
As-needed Inspection Services $ 124,000.00
As-needed Material Testing $ 20,000.00
Utility Connection Fee $ 15,000.00
Labor Compliance $ 15,000.00
Sub-Total $ 174,000.00
Total Project Budget $ 7,469,191.20
Item Number: 10.

SR-24-256
Funding Sources Total
ATP - Cycle 4 Grant $ 1,322,000.00
CLEAN Grant $ 2,999,000.00
Measure A $ 600,000.00
SB1 $ 1,248,191.20
DIF Streets $ 1,300,000.00
Total $ 7,469,191.20
ATTACHMENTS:
1) Hacienda Avenue Street Improvements Project 3003 - Notice Inviting Bids 2) Bid Item Tabulation
3) Hacienda Ave St Improvement Proposal - All American Asphalt Item Number: 10.

NOTICE INVITING BID PROPOSALS
for
Hacienda Avenue Street Improvements
CITY PROJECT NO. 3003

CITY OF DESERT HOT SPRINGS
RECEIPT OF BID PROPOSALS: Sealed bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for street improvements including road widening, sidewalk, ADA ramps, lighting, landscaping, striping and the performance of other appurtenant works as more particularly described in the specifications under City Project No. 3003, Hacienda Avenue Street Improvements, in the City of Desert Hot Springs.

The bids must be submitted on the Proposal Form at the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 3:00 p.m. on Monday November 25, 2024. Public Works “Bid: Hacienda Avenue Street Improvements City Project No. 3003” shall appear on the envelope of each sealed bid proposal and each bid proposal sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, Ca 92240.

The bids will then will be publicly opened and read in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 at 3:15 p.m. on Monday November 25, 2024.

Each submitted bid proposal must be accompanied by a certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Specifications.

No bid proposal will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the Business and Professions Code.

The work requires a California Class “A” contractor's license.

The bids must be submitted on the proposal forms included in the bidder's package of the contract documents. All bids must be original documents and signatures, copies will NOT be accepted. Incomplete bid packages will be deemed non-responsive.

TIME OF COMPLETION AND LIQUIDATED DAMAGES: BIDDER must
agree to commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 365 consecutive calendar days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.

Item Number: 10.

OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for the City of Desert Hot Springs PD Annex Building Project are ONLY available to be ordered online at: www.planitprintworks.com. For orders by phone, contact: Planit Print Works at (760) 345-2500. Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning Daniel Lopez at (760) 329- 6411 Ext. 221..

The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at www.cityofdhs.org); Mission Springs Water District (MSWD), “Developer / Contractor Handbook and Guidelines for Design and Construction of Water and Sewer Facilities,” Latest Manual; Southern California Edison, “Underground Structures Standard (USG),” Latest Manual; “Standard Specifications for Public Works Construction,” 2015 Edition, as published by Building News, Inc.; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The MSWD, on-line version of the manual is available at MSWD Web site, the SCE “Underground Structures Standard (USG) Manual,” on-line version of the manual is available at SCE’s Standards & Publications Web site, “Standard Specifications for Public Works Construction,” 2015 Edition is available at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Tel: (714) 517-0970, and “Standard Specifications for State of California, Department of Public Works,” may be obtained from: State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916)263-0822 or Publication Unit Web site: http://caltransopac.ca.gov/publicat.htm.

ADDITIONAL BID INFORMATION AND REQUIREMENTS: All Pre-bid inquiries and questions shall be directed to Daniel Lopez, via email only at [email protected] and include “Pre-bid Questions for Hacienda Avenue Street Improvement Project 3003” in the “Subject Line”. Pre-bid questions will not be accepted after 5 p.m. on November 13, 2024. Pre-Bid questions only from General Contractors will be answered. Subcontractor questions will not be answered.

The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.

The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City non- responsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.

A responsible contractor is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsible contractors.

The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the Item Number: 10.

contract or initiation of debarment proceedings.

All persons performing the work shall be paid not less than the General Prevailing Wage Determination prepared by the Director of Industrial Relations pursuant to the State Labor Code. Copies of these wage rates are available at the Department of Public Works.

The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders. Failure to complete these forms may result in a determination that the bidder is nonresponsive and/or not responsible.

The successful bidder, hereinafter called “the CONTRACTOR” to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to file with said AGENCY surety bonds as follows:

A “Faithful Performance Bond” amounting to 100% of the total contract price is required for all contracts.

A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.

A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs and The County of Riverside as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

A “Certificate of Worker’s Compensation Insurance”.

And a “Certificate of Commercial Vehicle Liability Insurance” (See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.

As provided for in Section 4590 of the California Government Code and in Section 22300 of the State Public Contract Code, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract, or enter into an escrow agreement for payment of such monies to an escrow agent.

Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

The City supports and encourages equal opportunity contracting.

FEDERAL FUNDING
This project is being financed with Active Transportation Program (ATP), created by Item Number: 10.

Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013), consolidated several federal and state transportation programs to focus on making California a national leader in active transportation.

PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.

The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.

Engineer’s Cost Estimate
The engineer’s cost estimate for this project is $5,000,000.00.

PROPOSED CONSTRUCTION SCHEDULE
The following schedule is to be required for the proposed project. The schedule may be extended by the City due to circumstances unforeseen at the time of advertisement.

October 22, 2024 Request For Proposal Released
November 13, 2024 Last day for bidder to submit questions November 25, 2024 Bids Submitted by 3:00PM
December 5, 2024 Anticipated award of construction contract January 2025 Contracts fully executed
February 2025 Pre-Construction meeting
March 2025 Notice to proceed issued
March 2026 Construction completed

CITY OF DESERT HOT SPRINGS

JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive,
Desert Hot Springs, California 92240
(760) 329-6411
Item Number: 10.

Released: October 22, 2024
Item Number: 10.

Item Description Estimated
Quantity Unit

STREET IMPROVEMENT PLAN
1 Mobilization 1 LS $ 411,000.00 $ 411,000.00 $ 358,000.00 $ 358,000.00 $ 222,000.00 $ 222,000.00 2 Traffic Control 1 LS $ 372,000.00 $ 372,000.00 $ 520,633.00 $ 520,633.00 $ 989,000.00 $ 989,000.00 3 Fugitive Dust Control 1 LS $ 27,000.00 $ 27,000.00 $ 20,000.00 $ 20,000.00 $ 22,000.00 $ 22,000.00 4 Construction Survey and Staking 1 LS $ 110,000.00 $ 110,000.00 $ 120,000.00 $ 120,000.00 $ 111,000.00 $ 111,000.00 5 Stormwater And Non-Stormwater Pollution Control 1 LS $ 17,000.00 $ 17,000.00 $ 20,000.00 $ 20,000.00 $ 22,000.00 $ 22,000.00 6 Clearing And Grubbing 1 LS $ 193,000.00 $ 193,000.00 $ 460,000.00 $ 460,000.00 $ 444,000.00 $ 444,000.00 7 Remove Existing Asphalt Concrete Berm 4,875 LF $ 3.50 $17,062.50 $ 5.80 $ 28,275.00 $ 9.00 $ 43,875.00 8 Sawcut and Remove Existing AC Pavement 26,279 SF $4.50 $ 118,255.50 $ 6.00 $ 157,674.00 $ 3.69 $ 96,969.51 9 Remove Existing Curb/Curb and Gutter 1,440 LF $10 $ 14,400.00 $ 14.50 $ 20,880.00 $ 22.00 $ 31,680.00

9.1 Remove Existing Concrete Sidewalk and Curb Ramps12 5,308 SF $2.30 $ 12,208.40 $ 3.25 $ 17,251.00 $ 4.00 $ 21,232.00 10 Remove Existing Asphalt Concrete Sidewalk 15,000 SF $ 1.90 $ 28,500.00 $ 3.25 $ 48,750.00 $ 4.00 $ 60,000.00 11 Remove Existing Driveway Approach 15,470 SF $ 4.50 $ 69,615.00 $ 8.00 $ 123,760.00 $ 6.00 $ 92,820.00 12 Remove Concrete Cross Gutter 721 SF $ 4.70 $ 3,388.70 $ 10.00 $ 7,210.00 $ 11.00 $ 7,931.00 13 Remove Existing Sign and Post 34 EA $ 241.00 $ 8,194.00 $ 200.00 $ 6,800.00 $ 222.00 $ 7,548.00 14 Relocate Existing Mailbox 28 EA $ 725.00 $ 20,300.00 $ 800.00 $ 22,400.00 $ 555.00 $ 15,540.00 15 Remove Existing Landscaping/Vegetation 1 LS $ 102,000.00 $ 102,000.00 $ 60,000.00 $ 60,000.00 $ 111,000.00 $ 111,000.00 16 Remove Existing Wall/Fence/Gate 776 LF $ 136.00 $ 105,536.00 $ 70.00 $ 54,320.00 $ 69.00 $ 53,544.00 17 Construct Type A-6 Curb & Gutter 7,310 LF $ 32.00 $ 233,920.00 $ 65.00 $ 475,150.00 $ 55.00 $ 402,050.00 18 Construct 6'' Curb 2,500 LF $ 28.00 $ 70,000.00 $ 25.00 $ 62,500.00 $ 44.00 $ 110,000.00 19 Construct 5' & 6' Sidewalk 26,841 LF $ 9.30 $ 249,621.30 $ 16.00 $ 429,456.00 $ 9.00 $ 241,569.00 20 Construct 8' Sidewalk 21,412 SF $ 9.30 $ 199,131.60 $ 13.00 $ 278,356.00 $ 9.00 $ 192,708.00 21 Construct ADA Curb Ramp 26 EA $ 7,400.00 $ 192,400.00 $ 3,500.00 $ 91,000.00 $ 5,555.00 $ 144,430.00 22 Construct Modified Residential Driveway 1,010 SF $ 13.40 $ 13,534.00 $ 22.00 $ 22,220.00 $ 14.00 $ 14,140.00 23 Construct Residential Driveway 18,124 SF $ 13.00 $ 235,612.00 $ 22.00 $ 398,728.00 $ 14.00 $ 253,736.00 24 Construct Commercial Driveway 577 SF $ 18.00 $ 10,386.00 $ 31.00 $ 17,887.00 $ 24.00 $ 13,848.00 25 Construct 6-Inch Class ll Aggregate Base 792 CY $ 111.00 $ 87,912.00 $ 100.00 $ 79,200.00 $ 88.00 $ 69,696.00 26 Construct 3.5-Inch Asphalt Concrete Pavement 633 TONN $ 166.00 $ 105,078.00 $ 220.00 $ 139,260.00 $ 169.00 $ 106,977.00 27 Cold Mill 1.5" AC and Construct 1.5" AC Overlay 2,500 TONN $ 170.00 $ 425,000.00 $ 260.00 $ 650,000.00 $ 169.00 $ 422,500.00 28 Construct 6' Freestanding Block Wall 11,535 SF $ 63.00 $ 726,705.00 $ 35.00 $ 403,725.00 $ 44.00 $ 507,540.00 29 Construct 2' Modified Freestanding Block Wall 400 SF $ 117.00 $ 46,800.00 $ 65.00 $ 26,000.00 $ 44.00 $ 17,600.00 30 Adjust to Grad Existing Uitlity Gate Valve 1 EA $ 980.00 $ 980.00 $ 3,000.00 $ 3,000.00 $ 2,000.00 $ 2,000.00 31 Adjust to Finish Grade, and new Concrete Collar 32 EA $ 980.00 $ 31,360.00 $ 3,500.00 $ 112,000.00 $ 2,000.00 $ 64,000.00 32 Adjust To Grade Existing Irrigation Valve and Corresponding Meter 4 EA $ 3,150.00 $ 12,600.00 $ 3,000.00 $ 12,000.00 $ 2,000.00 $ 8,000.00 33 Adjust to Grade Existing Sanitary Sewer Manhole 5 EA $ 980.00 $ 4,900.00 $ 4,000.00 $ 20,000.00 $ 2,000.00 $ 10,000.00 34 Adjust To Grade Existing Communication Manhole 6 EA $ 980.00 $ 5,880.00 $ 4,000.00 $ 24,000.00 $ 2,000.00 $ 12,000.00

34.1 Adjust to Grade Existing Blow Off Valves 2 EA $ 980.00 $ 1,960.00 $ 6,000.00 $ 12,000.00 $ 2,000.00 $ 4,000.00 35 Remove Existing Street Light Pole 8 EA $ 1,719.00 $ 13,752.00 $ 1,500.00 $ 12,000.00 $ 9,600.00 $ 76,800.00 36 Landscaping and Irrigation for the Lump Sum Price 1 LS $ 772,000.00 $ 772,000.00 $ 405,700.00 $ 405,700.00 $ 444,000.00 $ 444,000.00 37 Install Street Lights, Conduits and Pull Boxes per SCE Streetlight Install Plans 1 LS $ 1,330,000.00 $ 1,330,000.00 $ 1,228,000.00 $ 1,228,000.00 $ 1,222,666.49 $ 1,222,666.49 38 Relocate Existing Flashing Beacon 2 EA $ 9,100.00 $ 18,200.00 $ 3,500.00 $ 7,000.00 $ 9,400.00 $ 18,800.00 39 Install Solar Bollard Lights 32 EA $ 3,900.00 $ 124,800.00 $ 3,600.00 $ 115,200.00 $ 4,400.00 $ 140,800.00 40 Install Pavement Striping Lines, Markings, Legends, and Pavement Markers 1 LS $ 90,000.00 $ 90,000.00 $ 83,282.00 $ 83,282.00 $ 111,000.00 $ 111,000.00 $ 6,631,992.00 $ 7,153,617.00 $ 6,963,000.00
All American Asphalt Granite Construction Onyx Paving Co.

Item Number: 10.

BIDDER’S PROPOSAL
FOR THE Hacienda Avenue Street Improvements Project 3003 IN THE CITY OF DESERT

HOT SPRINGS, CALIFORNIA
Date A/pt/cmba/ Z? 20 Z"/
To the City Council ofthe
City of Desert Hot Springs:

The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:

Edward J. Carlson, Vice President
Michael Farkas, Secretary
Mark Luer, President
(if the bidder is a corporation, give the name of the corporation and the name of its president. secretary, treasurer, and manager. If a co—parmership,give the name under which the CO-pat‘tnershipdoes business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this bid proposal is made without collusion with any person, ?rm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid proposal solely upon his own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Desert Hot Springs to him at the address furnished by him to the City of Desert Hot Springs when this bid proposal fomi was obtained.
(e) That he has carefully examined the speci?cations, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid proposal in accordance therewith.
(0 That, if this bid proposal is accepted he will enter into a written contract for the performance of the proposed work with the City of Desert Hot Springs. 10 Item Number: 10.

BIDDER’S PROPOSAL
(g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be.

Accompanying this bid proposal is a certi?ed or cashier’s check or bidder’s bond, payable to the order of the City of Desert Hot Springs in the sum 01°10‘VaBidder's BONd 10% Bidder's Bond DOLLARS ($ 10% Bidder's Bond ) Said bidder’s bond has been duly executed by the undersigned bidder and by a ?nancially sound surety company authorized to transact business in this state.

It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said cash, check, or bidder‘s bond, shall become the property of the City of Desert Hot Springs, but if this contract is entered into and said bonds are furnished, or if the bid is not accepted then said check or cash shall be retumed to the undersigned, or the bidder will be released from the bidder’s bond.

PO BOX2229 951-736-7600
Address of Bidder Telephone of Bidder
Corona, CA 92878 M
City Zip Code Signaéireof Bidder
Edward J. Carlson, Vice President
11 Item Number: 10.

\, 3,“ ALLAMERICAN Asm lAL'I'
IV; ‘ ALL AMERICAN AGGREGATES
.1. .7 1"“l :fm‘1-1 Ml
ALLAMERICAN lll‘lCl '."-k:l'Ul.»‘l \l'l:;l\:.lli Vlvl “\- L'I.‘ "‘_ASPHALT— "Il‘iillliillzli'lJil
‘-'-.\1mm,n‘li'nlili'slt'v lxuxmli'

CORPORATERESOLUTION
Resolved, that this Corporation, AllAmerican Asphalt, on January 2, 2024 authorizes Edward J.

Carlson to execute bid proposals, contracts and agreements on behalf of the company in the capacity of Vice President.
0,91—
Michael Farkas
Secretary
Item Number: 10.

Item Number: 10.

Street Improvement Project

IN THE CITY OF DESERT HOT SPRINGS

TO THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA The undersigned as bidder declares that he has carefully examined the location ofthe proposed work, that he has examined the Special Provisions and read the accompanying instructions to bidders, and hereby proposes and agrees, ifthe bid proposal is accepted, to furnish all materials and do all work required to complete the said work in accordance with the said Standard Specifications, Special Provisions.Technical Speci?cations, and Project Plans in the time and manner therein prescribed for the unit price set forth in the following schedule:

ITEM EST.

NO. QTY. DESCRIPTION UNIT PRICE TOTAL
l. 1 LS Mobilization for the lump sum
price of
£91,,Imam; Sum 55min)
Shiny; gm Lump Sum $4“ 39;)-
(words)

2. 1 LS Traf?c Control for the lump sum
price of
Inc ma \-\.Jo
Monk” Mum gm Lump Sum $3?3,QQO’
(words)

3. 1 LS Fugitive Dust Control for the
lump sum price of
4 — 1, us“
553A5': gm Lump Sum $ 2 £901)—
(words)
12 Item Number: 10.

lLS
lLS
lLS
4875 LF
26,279SF
Construction Survey and Staking
for the lump sum price of
AM a V and
, rem Lump Sum
(words)
Stormwater and Non-Stormwater
Pollution Control for the lump sum price
of
WW
2h?kmxjqu__________ LwnPSUm
(words)
Clearing and Grubbing for the
lump sum price of
MW
4 a m Lump Sum
(words)
Remove Existing AsphaltConcrete
Benn
~f\’\'\~u. ' (Hi 5
(words)
Sawcut and Remove Existing AC Pavement
/ \l :0-
$ H.5Q
(words)
$ l'?ogg'
$1109.39
$]\3'2§5.§§
l3
Item Number: 10.

9.1 10.
ll.

12. 1440LF
5,308 SF
15,000SF
15,47OSF
7ZISF
Remove Existing Curb/Curband
Gutter
is; gig“gf's QM
(words)
Remove Existing Concrete Sidewalk and Curb Ramps
\mr
(words)
Remove Existing Asphalt
Concrete Sidewalk
MAM—($1155
(words)
Remove Existing Driveway
Approach
E v!” H! E
(words)
Remove Concrete Cross
Gutter
$0», donm Shani;
Lunb—_—
(words)
$ Q30
$ [530
$\ 0 H0
14 Item Number: 10.

13. 14.

15. 16.

17. 18.
34 BA
28 EA
[LS
776 LF
7310 LF
2500 LF
Remove Existing Sign and Post
+glg knmggg (lad-3-gm
9&0“«I; gm $ 9&8
(words)
Relocate Existing Mailbox
56m Mervin-d iU§“,‘§ii‘ 'w.
dunksnew $ =I§’
(words)
Remove Existing Landscaping/Vegetation
For the lump sum price of
cm
b?mw—___ Lump Sum
(words)
Remove Existing Wall/Fence/Gate
m. naming 5mg} — 55;
\ I no- $.LIL’
(words)
Construct Type A-6 Curb & Gutter
A ' 0 r
$ 39:
(words)
Construct 6” Curb
$ $,\35‘
$ 10,339"
$ 2135,6130“
15 Item Number: 10.

19. 20.

21. 22.

23. 26,84lSF
21,4IZSF
26 EA
1010 SF
18,124 SF
(words)
Construct 5’&6’ Sidewalk
\l u ‘A{r 55
(words)
Construct 8’ Sidewalk
‘\ I I ?
(words)
Construct ADA Curb Ramp
WW
ADM—tb—
(words)
$ q'bo
$ 1,396
Construct Modi?ed ResidentialDriveway
+34,” “an“, sub my;
(words)
Construct Residential Driveway
\ 01“
(words)
$ 13.30
$ 3‘35}; (be
SH \ Leo
$ 133,300
$ $53 5}):
l6
Item Number: 10.

24. 25.

26. 27.

28. 29.
577 SF
792 CY
633 TON
2500 TON
11,53SSF
400 SF
Construct Commercial Driveway
esg?gm Alum, em:
$ \3 ‘
(words)
Construct 6-inch Class 2 Aggregate
Base
va \A M okay“ i l

5.35%— $L
(words)
Construct 3.5-inch AsphaltConcrete
Pavement
Mum—.— $_\§_L_
(words)
Cold Mill 1.5” AC and Construct 1.5” AC Overlay
WW
gig—A LLL
(words)
Construct 6’ Freestanding Block Wall
515, . “m mm, m,
- $63
(words)
Construct 2’ Modi?ed Freestanding
Block Wall
m o Lmim
w SSL
(words)
3 \O?p?? '
21%321,30;
$‘jbfg00‘
l7
Item Number: 10.

30. 31.

32. 33.

34. lEA
32 EA
4EA
SEA
6EA
Adjust to grade Existing Utility
Gate Valve
(words)
Adjust to Finish Grade, and new
Concrete Collar
Adjust to Grade Existing Irrigation
Valve and Corresponding Meter
WW
MML— $1)_,_L_D__5 J
(words)
Adjust to Grade Existing Sanitary
Sewer Manhole
(words)
Adjust to Grade Existing Communication
Manhole
MR?m"
$q?w
$5,130
18 Item Number: 10.

34.]

35. 36.

37. 2EA
8EA
lLS
lLS
(words)
Adjust to Grade Existing Blow Off Valves
“£13. lmthM gig‘1E33)
dpngn cw $ “HO-
(words)
Remove Existing Street Light
Pole
Landscaping and irrigation for the
Lump sum price of
(words)
Install Street Lights, Conduits and
Pull Boxes per SCE Streetlight
lnstall Plans for the lump sum price of
memo"
$\h 3§3
$ 733,905)"
19 Item Number: 10.

2EA
32 EA
lLS

TOTALBID
Wong“; Ann”, (an Lump Sum $ 3 3339999
‘
(words)
Relocate Existing Flashing Beacon
V“ .~ N. u mam—— $1.35“— 3M
(words)
Install Solar Bollard Lights
3AA“... .3 a M
Jul\\ge? 94¢ $ “No" $ ll of
(words)
Install Pavement Striping Lines,
Markings, Legends, Pavement
Markers, and Signs for the lumpsum price of
WW
£52 Lump Sum $ qOFOOO‘
(words)
@ WWW $glsbl $11.00
“ (Words) Im‘M 1‘anva m‘né\v.,-\~\/0
chum/s6M
2 O
Item Number: 10.

The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (IO) days. not including Sundays and legal holidays. after having received notice that the contract has been awarded and is ready for signature, the proceeds ofthe security accompanying his bid proposal shall become the property of the City of Desert Hot Springs, and this bid proposal and the acceptance thereof may be considered null and void.

Signature of bidder —/-/C/
Edward J. Cafson,Vice President
(If an individual, so state. [fa ?rm or co-partncrship, state the ?rm name and give the names of all individual co-partners composing the ?rm. lfa corporation. state legal name ofcorporation. also names ofpresident, secretary. treasurer and manager thereof.) AllAmerican Asphalt — Corporation
Edward J. Carlson.Vice Presudenl
Michael Farkas, Secretary Mark Luer, President
PO Box 2229, Corona, CA 92878
Business Address
951 -736—7600
Telephone Number
Dated: NOV‘M-b‘ I 20 , 20 24
21 Item Number: 10.

SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the General Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total bid, and the portion of the work which will be done by each subcontractor.

Speci?c Description of SubName Under Which Sub- License DIR Address of Of?ce Contract Work and Portion of Contractor is Licensed Number Number Mill or Shop the Work CL Sv'uvyvgR]MAME-«3 (SKEA/\0009_03_l_hé14(a0m~11¢A60'”ij \SLl7. 172M, gum #535111igogmggou/CkmoL/i Eta.» L51 2153".

K49“:Lowlands, QuOE-lm/ \0000000$E/ Enhzkvqkkwcn Lnno‘?il‘lm,ol-GV Sup" ., Own»: MmL'm)‘4%3ns/100000H4L/C3p«a<.CA S-lw'pm)VLSV View... 5m!» QSW50§AmcoD\ahL/OVAASE,CA13¢. (LumeHlS \MQ‘L If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) HIZO/Z‘I AllAmerican Asphalt
Dated Bidder
Edward J. CarlM/
on, \aeéPresident Signa re QPL
Michael Farkas, Secretary Signature
22 Item Number: 10.

SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the General Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total bid. and the portion of the work which will be done by each subcontractor.

Speci?c Description of Sub—
Name Under Which Sub- License DIR Address of Office Contract Work and Portion of Contractor is Licensed Number Number Mill or Shop the Work If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code) II [20/244 AllAmerican Asphalt
Dated Bid er
Edward J. Carlson, Vice 4%“ Pr sident Si ature
Michael Farkas, Secretary Signature
22 Item Number: 10.

CONTRACTOR’S INDUSTRIAL SAFETY RECORD Project Identi?cation ATPL-5334(022)
Bid Date ll ”0’24
This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last four calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.

Calendar Years Prior to Current Year
2019 2020 2021 2022 2023 TOTAL CURRENTYR.

1. No. ofcontracts
1054 1009 972 ass 766 664

2. Total dollar amount of contracts
(In thousands Of$) 283.814 277,968 272.056 395.591 390,454 290,638

3. No. offatalities o o o o 0 0

4. Not oflost work day cases
0 19 11 23 16 o

5. No. oflost work day cases involving
permanent transfer to anotherjob or
termination ofemployment

6.* No. oflost workdays 0 19 11 23 16 U
*The information] required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSEA No. 102.

The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the li ' ions ofthese records.

Name
AllAmerican
of Bidder
Asphalt
(print) Signat
??e
PO Box 2229 267073 - Class A
Address State Contractors' Lic. No. & Classi?cation
Corona, CA 92678 951-736-7600
City Zip Code Telephone No.
23 Item Number: 10.

Item Number: 10.

6/7/23.3:92PM httpszllcadir.my.salesforce—sites.c0mlContractorSearchlPrintRegDetails fContractorInformation Registration History ;
Legal Entity Name Effective Date ExpirationDate
ALLAMERICANASPHALT ' ~ I
- Legal EntityType 5 /11/ 2018 6/ 30 /2019
Corporation '
‘
' ' 9 ' '
‘ Status 5/8/2017 6/30/2018
Active ~ ~ " Registration Number 5/2/2016 6/ 30/ 2017
1000001051 A ;
Registration effective date 6/9/ 2015 6/ 30/2016
7/1/2023 ,7 r j
Registration expiration date 8/ 25/ 2014 6/ 30/ 2015
6/30/2026 , MailingAddress 7/1/ 2019 6/30/2020
PO BOX2229 CORONA 92878 CA United States - 1 Physical Address 7/ 1/ 2023 6/30/2026 3 400 ESIXTHST CORONA 92879 CA United State... , ,
7 Email Address 7/ 1 /2020 6/30/2023
3 Trade Name/DBA 7a
‘ License Number(s)
CSLB:267073
CSLB:267073
LegalEntity Information
Corporation Number:

Federal Employment Identi?cation Number:

President Name:

Mark Luer
1 Vice President Name:

Edward J. Carlson
3 Treasurer Name:

Secretary Name:

Michael Farkas
CEO Name:

Agent of Service Name:

A Michael Farkas
‘ Agent of Service MailingAddress:
‘ 400 E6th St, Corona, CA Corona 92879 CA United States of America 1Workers Compensation
Do you lease employees No
through Professional
httpszllcadir.my.salesforoe-sites.com/ContractorSearch/PrintRegDetails '
Item Number: 10. 1/2

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years.

1. City of Lorna Linda - 25541 Barton Road, Loma Linda, CA 92354 Name and Address of Owner
Jarb Thaipejr; (909) 799-2811; [email protected] Primary Contact Name, Email, and Telephone Number
N/A
Second Contact Name, Email, and Telephone Number
$1,476,363.00 Pavement Rehab 12/2023
Contract Amount Type of Work Date Completed
City of Monterey Park; 320 W. Newmark Avenue, Monterey Park, CA 91754 Name and Address of Owner
Anthony Bendezu; (626) 307-1283; [email protected] Primary Contact Name, Email, and Telephone Number
N/A
Second Contact Name, Email, and TelephoneNumber
$6,865,699.00 Street Rehabilitation 12/2023
Contract Amount Type of Work Date Completed
City of Ontario - 303 East B Street, Ontario, CA 91764
Name and Address of Owner
Leonard Lui;(909) 295-2401; [email protected]
Primary Contact Name, Email, and Telephone Number
N/A
Second Contact Name, Email, and Telephone Number
$4,569,222.00 Pavement Rehabilitation 11/2023
Contract Amount Type of Work Date Completed
24 Item Number: 10.

4. San Bernardino County - 825 East Third Street, San Bernardino, CA 92415 Name and Address of Owner
Samual E. Nicorici;(909) 387-7960; [email protected] Primary Contact Name, Email, andTelephone Number
NIA
Second Contact Name, Email, and Telephone Number
$5,639,575.88 Overlay Eroiegj; 7/2023
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds:

Surety: Fidelity and Deposit Company of Marland
777 S. Figueroa St. #3900, Los Angeles, CA 90017
213-270-0600
Agent: Foundation Risk Management , Corp. dba MillenniumRisk Management &Insurance Services 750 The City Drive South, Suite 450, Orange, CA 92868
949-8574500
25 Item Number: 10.

2023

PAST WORK REFERENCES
City of Loma Linda
25541 Barton Road
Loma Linda,CA92354
Manhattan Beach,CA90266
Contact: Jarb 'l'haipejr (909) 799-2811
ithaipeirQIomalinda-ca.gov
EuclidLandVenture, LLC
4450 Macarthur Blvd.,Ste 100
Newport Beach, CA 92693
Contact: Scott Kendall(949) 783-5341
khaymesQranchomv.com
City of AlisoViejo
12 Journey Ste #100
AlisoViejo, Va 92656
Contact: Shaun Pelletier (949) 425-2531
spelletierQavciQ/nrg
RMVRealty, Inc.
28811 Ortega HWY
San Juan Capistrano, CA92693
Contract: Jeff Ford (949) 413-8899
iforeranchomv.com
City of Monterey Park
320 W. NewmarkAvenue
Monterey Park, CA91754
Contact: Anthony Bendezu (626) 307-1283
abendezyQ montereygark.ca.gov
Pavement Rehab. at Various Locations
Contract Amount: $1,476,363.00
Start Date: 9/1/2023
End Date: 12/2023
MerrillAve. Street Widening
Contract Amount: $915,915.00
Start Date: 4/2022
EndDate: 2/2023
FY22-23Slurry Seal & Rehab Project
Contract Amount: $1,595,650.00
Start Date: 5/2022
End Date: 5/2023
PA 3.2A Street Improvement
Contract Amount: $1,244,244.00
Start Date: 4/2022
End Date: 8/2023
2023 Street Rehabilitation Project
Contract Amount: $6,865,699.00
Start Date: 8/2023
End Date: 12/2023
Item Number: 10.

2023

PAST WORK REFERENCES
City of Fullerton
303 W. Commonwealth Ave
Fullerton, CA92632
Contact: Pete Acosta, Jr. (714) 738-6871
PeteAQcityoffullertonxom
City of Ontario
303 East 8 Street
Ontario, CA91764
Contact: Leonard Lui (909) 295-2401
LLuiQontarioca.gov.

City of Riverside
2900 MainSt.

Riverside, CA 92522
Contact: Maria Lamping (951) 826-5146
mlamging? riversideca.gov
City of Ontario
825 East ThirdStreet
San Bernardino,CA92415
Contact: Samuel E.Nicorici (909) 387-7960
bdavisQnewgortbeachca.gov
City of Costa Mesa
77 FairDrive
Costa Mesa, CA92626
Contact: Irina Gurovich (714) 754.5324
Irina.gurovicthostamesaca.gov
Brookhurst Rd., SR91 St. Rehab
Contract Amount: $325,825.00
Start Date: 5/2023
End Date: 12/2023
2023 FallPavement Rehabilitation Project
Contract Amount: $4,569,222.00
Start Date: 08/2023
EndDate: 11/2023
Permanent Trench Resurfacing
Contract Amount: $455,150.00
Start Date: 1/2023
EndDate: 6/2023
Chino & Montclair Area Variours Roads
Overlay Project
Contract Amount: $5,639,575.88
Start Date: 9/2022
End Date: 7/2023
Slurry Seal Project
Contract Amount: $2,828,001.50
Start Date: 1/2022
EndDate: 7/2023
Item Number: 10.

2022

PAST WORK REFERENCES
City of Manhattan Beach
1400 Highland Ave.

Manhattan Beach,CA90266
Contact: Bianca Cardenas (310) 802-5357
bcardenas@_manhattanbeach.gov
RMVRealty, Inc.
28811 Ortega Hwy
San Juan Capistrano, CA92693
Contact: KellyHaymes
khaymesQranchomv.com
City of Westlake Village
31200 OakCrest Dr.

Westlake Village, CA91361
Contact: Roxanne Hughes (805) 890-8885
rhughesQwilldan.com
City of Burbank
275 EOlive
Burbank, CA91502
Contact: Artin Megerdichian (818) 238-3942
amegerdichianQburbankca.gov
City of Highland
27215 Base LineSt.

Highland, CA9234
Contact: Amanda Perez (909) 864-6861
agerechigofhighlandnrg
Toll Bros, Inc.
725 W. Town 8: Country Road, Ste 200
Orange, CA92868
Contact: Brandon Haskell (714) 347-1360
bhaskelthollbrothers.com
Slurry Seal of Central Area of Sands Section
Contract Amount: $673,275.00
Start Date: 12/2021
End Date: 7/2022
Planning Area 3.1 Street Improvement
Contract Amount: $3,996,996.00
Start Date: 4//2021
End Date: 4/2022
Dales Dr. and Parkridge Ave Street Improv.

Amount: $1,025,336.00
Start Date: 5/2022
EndDate: 6/2022
LocalResidentialSt. Improv. Project
Contract Amount: $7,761,320.00
Start Date: 1/2022
End Date: 12/2022
Pavement Management Program
Contract Amount: $2,082,099.00
Start Date: 10/2021
EndDate: 12/2022
The Metro Heights
Contract Amount: $2,675,250.00
Start Date: 11/2021
End Date: 4/2022
Item Number: 10.

2021

PAST WORK REFERENCES
Colony Commerce Archibald St. Improvements
Clo Caprock Partners Contract Amount: $1,949,000.00
1300 Dove Street Suite 200 Start: 12/2019
Newport Beach, CA92660 Completed: 12/2021
Contact: Eric Nutter (949) 428-1400 Ext. 209
.e_nutt_ej:@m9_o.te..c.qm
Lennar Homes Merrill&Haven Street Improvement
25 Enterprise #300 Contract Amount: $1,481 ,832.1 5
AlisoViejo, CA92656 Start: 6/2020
Contact: DianeHarmon (949)349-8000 Completed: 12/2021
DWn?ennamom
City of Marco Wayne MakinPark Slurry Seal Project
2870 Clark Ave. Contract Amount: $52,725.89
Norco, CA92860 Start: 10/2021
Contact: Todd Shank (951) 270-5603 Completed: 12/2021
IQQASEDKijL—Ci-u?
LosAngeles Department of Water and Power Pine Tree Power Plant Access Road Repair 111 North Hope Street, L-43 Improvements
LosAngeles, Ca 9001 2 Contract Amount: $810,400.00
Contact: Joelle Morisseau (213) 367-01 23 Start: 5/2021 LQQJLG?Q??Q?UQl-ARW?CQEI Completed: 7/2021
City of Dana Point Slurry Seal Project 19120
33282 Golden Lantern Contract Amount: $1,897,897.00
Dana Point, CA92629 Start: 04/2020
Contact: Scott Fisher (949) 248-3577 Completed: 05/2021 [email protected]
Item Number: 10.

2021

PAST WORK REFERENCES
City of Corona Street Pavement Maintenance
400 South Vicentia &Rehab. Project No. 2020.01
Corona, CA92852 Contract Amount: $3,471,178.00
Contact: Barry Ghaemi (951) 736-2400 Start: 6/2021
hglliQf?lQQQfQ??Q?oy. Completed: 1/2022
City of Anaheim State College Boulevard Improvement
200 S. Anaheim Boulevard from Ball Road to SR 91 Freeway Anaheim, CA92805 Contract Amount: $484,848.00
Contact: Jose Cortez (714) 765-5039 Start: 8/2021
ch?ez?anaheltmnet Complete: 4/2022
County of Orange Rossmoor Collectors Grind &Overlay
601 North Ross Street Contract Amount: $ 2,1 48,320.90
Santa Ana, CA92701 Start: 4/2021
Contact: Stephen Clayton (714) 995-0206 Complete: 1212021 [email protected]
City of Norwalk Local Streets Rehabilitation
12700 NonNalkBlvd. Zone 27 East of Gard - No. 7925.3
Norwalk, CA90650 Contract Amount: $1,051,330.00
Glen W. C. Kau (562) 929-5723 Start: 6/2021
glgau?mm?cagoy Completed: 12/2021
City of Garden Grove Arterial STS. Rehabilitation
11222 Acacia Pkwy Contract Amount: $3,185,281.00
Garden Grove, CA 92840 Start: 6/2022
Navin Maru (714) 741 -51 80 Complete: 1212021
nm.a_r.u.@ggc_i.ty.o_rg
Item Number: 10.

2020

PAST WORK REFERENCES
City of Ontario
303 East B Street
Ontario, CA91764
Contact: Ariana Kern(909) 395-2129
[email protected]
City of LomaLinda
25541 Barton Road
Loma Linda,CA92354
Contact: T. Jarb Thaipejr (909) 799-4400
'thai e'r Iomalinda-ca. ov
City ofJurupa Valley
8920 LimoniteAvenue
Jurupa Valley, CA 92509
Contact: Chase Keys (951) 332-6464
[email protected]
County of Orange
601 N. Ross Street, 40‘Floor
Santa Ana, CA 92701
Contact: Albert Rodriguez (714) 667-8800
[email protected]
City of Compton
205 S. WillowbrookAvenue
Compton, CA 90220
Contact: Brittany Duhn (310) 605-5505
[email protected]
City of Huntington Beach
2000 MainStreet
Huntington Beach, CA92648
Contact: Joe Fuentes (714) 536-5259
[email protected]
2020 FallPavement RehabilitationProject
Contract Amount:$2,499,333.00
Start Date: 07/2020
End Date: 12/2020
Pavement Rehabilitation— BartonRoad
Contract Amount:$768,677.00
Start Date: 04/2020
End Date: 12/2020
Granite HillDrive Pavement Rehabilitation
Contract Amount: $999,777.00
Start Date: 04/2020
End Date: 10/2020
JOC Pavement Maintenance
Contract Amount: $2,584,747.69
Start Date: 07/2020
End Date: 08/2020
Annual Residential Street Rehabilitation — Phase 1
Contract Amount: $5,295,068.00
Start Date: 05/2020
End Date: 11/2020
Arterial Rehabilitation of Graham St, Slater
Ave, Newland St and Atlanta Ave
Contract Amount: $5,181,955.00
Start Date: 05l2020
End Date: 11/2020
Item Number: 10.

2020

PAST WORKREFERENCES
City of Newport Beach
100 CivicCenter Drive
Newport Beach.CA 92660
Contact: PatriciaKharazmi(949) 644-3344
[email protected]
City ofWestminster
8200 Westminster Boulevard
Westminster, CA92683
Contact: Theresa Tran (714) 548-3460
[email protected]
Crescenta Valley Water District
2700 FoothillBoulevard
La Crescenta-Montrose, CA91214
Contact: BrookYared (818) 236-4117
[email protected]
City of Alhambra
111 S. 13‘Street
Alhambra, CA91801
Contact: RobertBias(626) 580-5000
[email protected]
County of Ventura
800 S. \?ctoria Avenue.#1600
Ventura, CA93009
Contact: MattMaechler(805) 477-1911
[email protected]
City of Camarillo
601 Carmen Drive
Camarillo, CA93010
Contact: Thang Tran (805) 388-5345
[email protected]
Cameo Highlands Street Reconstruction
Contract Amount:$2,425,694.00
Start Date: 07/2020
End Time: 11/2020
CitywideOverlay Street Improvements
Contract Amount:$1,131,621
Start Date: 02/2020
End Date: 06/2020
Final Paving of Pennsylvania Ave
Contract Amount:$82,620.00
Start Date: 02/2020
End Date: 04/2020
2020 HUDStreet Improvements Project
Contract Amount: $300,433.00
Start Date: 06/2020
End Date: 10/2020
Yerba Buena Rd. (South) Pavement
Resurfacing
Contract Amount: $2,298,467.40
Start Date: 03/2020
End Date: 06/2020
Earl Joseph Drive Paving
Contract Amount: $681,901.50
Start Date: 06/2020
End Date: 0712020
Item Number: 10.

2019

PAST WORK REFERENCES
Pardee Homes
1250 Corona Pointe Court, Ste. 600
Corona, CA.92879
Contact: NickLasher(951)428-4442
nick.lasher@_pardeehomesxom
City of Fontana
8353 Sierra Avenue
Fontana, CA.92335
Contact: KimberlyYoung (909) 350-7632
kyounngontanaorg
DR Horton
2280 Wardlow CircleSte. 100
Corona, CA.92880
Contact: KeithAlex(951) 830-5872
kalerdrhorton.com
IrvineCommunity Development Company
550 Newport Center Dr. Ste. 550 82
NeWport Beach, CA.92660
Contact: MikeMorse (949) 720-2560
mmorseQirvinecompany.com
City of Downey
11111 Brookshire Avenue
Downey, CA. 90241
Contact: Desi Gutierrez, (562) 904-7110
dgutieerdowneyca.org
Railroad Canyon Widening
Contract Amount: $5,062,746.00
Start Date: 11/2018
EndTime: 08/2019
Citrus Avenue Improvements
Contract Amount: $502,730.00
Start Date: 08/2018
End Date: 10/2019
Singlton Road
Contract Amount: $1,684,000.00
Start Date: 07/2018
End Date: 12/2019
Portola Springs PA-6 Enclave58 Phase1,2
Contract Amount: $2,055,055.00
Start Date: 09/2018
End Date: 12/2019
FY18/19Slurry Seal Project
Contract Amount: $313,425.87
Start Date: 06/2019
End Date: 12/2019
Item Number: 10.

AFFIDAVIT FOR CORPORATION BIDDER

STATE OF CALIFORNIA )
‘ _ )ss
COUNTY OF RlverSIde )
Edward J. Carlson , being ?rst duly sworn,
deposes and says:

That he is Vice President of,
AllAmerican Asphalt
a corporation which is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person. 4%4 lgnature
Edward J. Carlson,Vice President
1cer Administering Oath

Y PUBLIC)
46 Item Number: 10.

uh'
Item Number: 10.

ZCALIFORNIA JURAT GOV CODE § 8202
w
A notary public or other of?cer completing this certi?cate veri?es only the identity of the individual who signed the documcnt to which this certi?cate is attached, and not the truthfulness, accuracy, or validity ofthat document.

State of California
County of Riverside Subscribed and sworn to (or af?nned) before me on this 20th day of Nmr . 2024,
Date Month
By (1) Edward J. Carlson . Name of Signer
Proved to me on the basis of satisfactory evidence
be the person who appeared before me (.) (,)
(and
KIMBERLYDElRO
Notary Public- California 1 (2) N/A , RiversideCounty f Commissionv2491436
Name of Signer
MyComm. ExpiresMay27, 2028
' . I Proved to me on the basts of satisfactory eVIdence be the person who appeared before me.)
Signature
Place Notary Seal Above Signature otary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Further Description of Any Attached Document

RIGHT THUMBPHINT RIGHT THUMBPRINT
Af?davit for Corporation Bidder— OF SIGNER OF smNER
Title or Type of Document City OfDesert HOiSprings
November 20th, 2024 1 Document Date: Number of Pages:

Top 0' thumb here Top ol thumb here
Signer(s) Other Than Named Above: N/A
Item Number: 10.

Bid Bond No. 08597423
BIDDER’S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE, All AmericanAsphalt as principal, and
Fidelity andDeposit Company of Maryland as surety, are held and firmly bound unto the City of Desert Hot Springs, hereinafter “City” in the sum to ten percent (10%) of the total amount of the bid of the principal,to be paid to the said CITY or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, ?rmly by these presents.

In no case shall the liability of the surety hereunderexceedthe sum of $ 10% of bid - Ten percent of Total Amount Bid --------
_————_

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid to the City of Desert Hot Springs for certain construction speci?cally described as follows, for which bids are to be openedat Desert Hot Springs City Hall on November25 , 2024 for Hacienda Avenue Street Improvements Project 3003.

NOW THEREFORE, if the aforesaid principalis awarded the contract, and within the time and manner required under the speci?cations, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid proposal, and ?les the two bonds with the City of Desert Hot Springs, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwiseit shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be ?xed by the court.
49 Item Number: 10.

BIDDER'S BOND
IN WITNESS WI—IEREOF,we have hereunto set our hands and seals on this 15th of November , 20 24
All American Asghalt (seal)
(seal)
L (seal)
[Vlicbta-cJ Evian), Search/y
day
5%4” (seal)
P IN AL Edwowo‘ J. Canaan, vP
Fidelity and Deposit Company of Maryland (seal)
WW (scan ;
,
’
SURETY Rebecca Haas-Bates, Attorney-in-Fagi
777 S. Figueroa Street, Suite 3900. 1‘05Angelcs, CA 900l7 (563)) r A
I

ADDRESS
NOTE: Signatures of those executing for the surety must be properly acknowledged. 50 Item Number: 10.

Item Number: 10.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other of?cer completing this certi?cate veri?es only the identity ofthc individual who signed the document in which this certi?cate is attached and not the inith?ilness HCCIII'HEV nr validitv tifthnf document State of California
County of Riverside
On November20th 2024
Date
personally appeared
before me, KimberlyDeiro, Nota? Public ,
Here Insert name and Tltie OIthe Ol?cer
EdwardJ. Carlson and Michael Farkas
Name(s) of Slgner(s)
9 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hailshe/they executed the same in KIMBERLVDElRO
Nutary Public- California
Riverside County
Commissionit 2491436
My Comm, Expires May 27, 2018
hislherltheir authorized capacity(ies),
signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument
and that by blather/their
I certify under PENALTYOF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.

WITNESS my hand and of?cial seal.

Place Notary Seal Above

OPTIONAL
Signature
Slgn e of Notary Publle
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document Bid Bond — City of Desert Hot Springs - Bond No. 08597423 Document Date: November 15th, 2024
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Edward J Carlson
1:] Individual
X Corporate Of?cer — Title(s):
a Partner El u Limited a General
D Attorney in Fact
Vice President

RIGHT THUMBPRINT
0F SIGNER
:1 Trustee Top oi thumb here
D Other:

Signer is Representing:

AllAmerican Asphalt
2 Number of Pages:

Rebecca Hass-Bates, Attorney-in-Fact
Signefs Name: Michael Farkas
:1 Individual
X Corporate Of?cer — Title(s): Secretam
D Partner D [1 Limited El General RlGHT THUMBPRINT
oF SIGNER D Attorney in Fact
Top of thumb here D Trustee
D Other:

Signer is Representing:

AllAmerican Asphalt
Item Number: 10.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
(«Nth .-.x . Axum.“
CIVIL CODE § 1189
A notary public or other of?cer completing this certificate verifies only the identity of the individualwho signed the document to whichthis certi?cate is attached, and not the tmthfulness,accuracy, or validity of that document.

State of California )
County of Orange )
On 11/15/2024 before me, Alma Karen Hernandez, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates
NameisLolSigneris}
who proved to me on the basis of satisfactory evidence to be the personts} whose namefs} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacityii‘es),and that by Ns/her?heir signatureistonthe instrument the persona), or the entity upon behalf of which the personts») acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

ALMAKARENHERNANDEZ
, Notary
Commission
Orange
Public
County =
- California
2290903 Signature . %//
My 01mm. “was Jan 16, 1026 Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Bid Bond Document Date: ll/ 15/2024 Number of Pages: TwoiZ) Signer(s) Other Than Named Above: All American Asphalt Capacity?es) claimed by Signer(s)
Signer’s Name: Rebecca Haas-Bates Signer’s Name:

El Corporate Of?cer — Title(s): ElCorporate Officer — Titieis):
[3 Partner — ElLimited ClGeneral El Partner —~ Fl Limited 5 General Fl Individual E Attorney in Fact Cl Individual ClAttorney in Fact ElTrustee E] Guardian or Conservator ElTrustee El Guardian or Conservator ElOther: El Other:

Signer ls Representing: Signer Is Representing: Fidelity and Deposit Company ofMaryland sec/«26644 e €\£_/.‘\U. qua/«greawum‘we‘ekua «w: rwcxw 4‘ exam wwwr-e/ uvt'vkgt erg/«u w a - ls/tuvc'y *e/sw/‘QZ’? ©2014 NationalNotary Association - www.NationalNotary.org - 1-800<USNOTARY(1-800-875-6827) Item#5907 Item Number: 10.

EXTRACTFROM BY-LAWS OF THECOMPANIES
"ArticleV, Section 8, Attomeys-in-Faet. The Chief ExecutiveOfficer, the President, or any ExecutiveVice Presidentor Vice President may, by written instrumentunderthe attestedcorporate seal,appointattomeys-in-fact with authorityto execute bonds,policies,recognizances, stipulations,undertakings,or other like instrumentson behalf of the Company, and may authorizeany of?cer or any such attorney-in-factto af?x the corporate seal thereto;and may withor without cause modifyof revoke any such appointmentor authorityat any time."

CERTIFICATE
I, the undersigned, Vice Presidentof the ZURICH AMERICANINSURANCECOMPANY, the COLONIALAMERICAN CASUALTY AND SURETYCOMPANY, and the FIDELITYAND DEPOSITCOMPANYOF MARYLAND, do hereby certify that the foregoingPower of Attorney isstill in full forceand effect on the date of this certi?cate; and I do further certify that ArticleV, Section 8, of the By-Lawsof the Companiesisstill in force.

This Power of Attorney and Certi?cate may be signed by facsimileunder and by authority of the following resolutionof the Board of Directorsof the ZURICHAMERICAN INSURANCECOMPANYat a meetingduly called and held on the 15thday of December1998.

RESOLVED: "That the signature of the Presidentor a Vice Presidentand the attesting signature of a Secretary or an AssistantSecretary and the Seal of the Company may be af?xed by facsimileon any Power of Attomey...Any such Power or any certi?cate thereofbearing such facsimilesignatureand seal shall be valid and bindingon the Company." This Power of Attorney and Certi?cate may be signed by facsimile under and by authority of the following resolutionof the Board of Directorsof theCOLONIALAMERICANCASUALTY ANDSURETYCOMPANYat a meetingduly calledand heldonthe 5thday of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.

RESOLVED: "That the facsimileor mechanically reproducedseal of the company and facsimile or mechanically reproducedsignature of any Vice-President,Secretary, or Assistant Secretary of the Company, whethermade heretoforeor hereafter, wherever appearingupon a certi?ed copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONYWHEREOF, I have hereunto subscribedmy name and af?xed the corporate seals of the said Companies, thisi5_t_li~_.._.day.ofr_November, 2024 .
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Thomas O. McClellan
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION

OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
1299 ZurichWay
Schaumburg, IL 60196-1056
[email protected]
800-626-4577
Authenticity of this bond can be con?rmed at bondvalidator.zurichna.com or 410-559-8790 Item Number: 10.

ZURICH AMERICAN INSURANCECOMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOWALL MEN BY THESE PRESENTS:That the ZURICHAMERICANINSURANCE COMPANY, a corporation of the Stateof New York, the COLONIAL AMERICAN CASUALTY AND SURETYCOMPANY, a corporationof the State of Illinois,and the FIDELITY ANDDEPOSIT COMPANY OF MARYLANDa corporationof the State of Illinois(herein collectively called the "Companies"),by Robert D. Murray, Vice President,in pursuance of authority granted by ArticleV, Section8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certi?ed to be in fullforceand effecton the date hereof, do hereby nominate, constitute,and appoint WilliamSYRKIN,Richard ADAIR, RebeccaHAAS-BATESof Irvine,California, itstrue and lawful agent and Attorney-in-Faet,to make, execute, seal and deliver,for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the executionof such bonds or undertakingsin pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected of?cers of the ZURICH AMERICAN INSURANCECOMPANY at its office in New York, New York., the regularly elected officersof the COLONIALAMERICAN CASUALTYAND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected of?cers of the FIDELITYAND DEPOSIT COMPANY OF MARYLANDat its of?ce in Owings Mills, Maryland, in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section8, of the By-Laws of said Companies, and is now in force.

IN WITNESSWHEREOF, the said Vice-President has hereunto subscribedhis/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11thday of October, AD. 2023. “nul?uul’” \\ I” h I”6
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ATTEST:

ZURICH AMERICAN INSURANCECOMPANY

COLONIAL AMERICAN CASUALTY ANDSURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
. "._, ...... .
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/ . .. -‘
. ““- , --_ .. ' «a. ._ _ . ,, . ya, A -,-, .’, By; RobertD. Murray 4 '1‘":3 7‘: “2.4771 VicePresident s - A A
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‘ - 2 By; Dawn E. Brown ’3 1’ 21‘ 5
Secretary 4’!. .f, ________ -2. \s
State of Maryland ..........
..
-' County of Baltimore
On this I 1thday of October, AD. 2023, beforethe subscriber,a Notary Publicof the State of Maryland, duly commissionedand quali?ed, Robert D.

Murray, Vice President and Dawn E. Brown, Secretary of the Companies,to me personally known to be the individualsand of?cers describedin and who executedthe precedinginstrument,and acknowledgedthe executionof same, and beingby me duly sworn, deposethand saith,that helsheisthe said officerof the Companyaforesaid,and that the seals affixedto the precedinginstrumentare theCorporateSeals of saidCompanies,and that the saidCorporate Seals and the signatureas such officer were duly af?xed and subscribedto the said instrumentby the authorityand directionof the saidCorporations.

INTESTIMONYWHEREOF,I have hereuntoset my handand affixed my Of?cial Seal the day and year ?rst above written. mm
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BAL'I’IMORECOUN‘I’Y, MD ”avg-22"”;s CanmiseionEmieeJANUARYNJO?"I..,,,....\\“ Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Item Number: 10.

CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Desert Hot Springs, the ?rm listed below certi?es that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all Federal, State, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an af?rmative course of action as required by the af?rmative action guidelines.

We agree speci?cally:

I. To establish or observe employment policies which af?rmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take af?rmative steps to hire minority employees within the company.

FIRM AllAmerican Asphalt
TITLE OF OFFICER SIGNING Edward J. Carlson, Vice President SIGNATURE //H//// DATE ll [20[24
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
”SEE A'I'l'ACHED**
51 Item Number: 10.

s, a.“ ALLAMERICANASPHALT
‘VM ALLAMERICANAGGREGATES
T 951-736-7600 F95l-739-407l
ALLAMERICAN no. Box 2229.Comm. CA928782220
CONTRACTORSLICENSE#267073ACIZ
ASPHALT— DlRlilOOOOOlOSl

AN ECLUAL OPPORTUNITYEMPLOYER
May 20.2024
To AllAmericanAsphalt &Af?liates Personnel:

It is the policy of AllAmerican Asphalt 8.Af?liatesto provide equal employment opportunities without regard to race.color.religion, sex.nationalorigin. age. disability. maritalstatus. veteran status. sexual orientation, genetic information.or any other protected characteristicunder applicable law. This policy relates to all phases of employment. including. but not limitedto, recruiting. employment. placement. promotion.transfer.demotion.reductionofworkforceand termination, rates of pay or other forms of compensation, selection for training. the use of allfacilities.and participationin all company-sponsored employee activities.Provisions in applicable laws providingfor bona ?de occupational quali?cations. business necessity or age limitationswillbe adhered to by the company where appropriate.

As part of the company's equal employment opportunitypolicy. AllAmerican Asphalt &Af?liates willalso take af?rmative action as called for by applicable laws and Executive Orders to ensure that minoritygroup individuals.females.disabled veterans. recently separated veterans, other protected veterans. Armed Forces service medal veterans. and quali?ed disabledpersons are introducedinto our workforceand consideredfor promotionalopportunities.

Employees and applicants shall not be subjected to harassment.intimidationor any type of retaliation because they have (1) ?led a complaint; (2) assistedor participatedin an investigation. compliance review.hearing or any other activity related to the administrationof any federal.state or local law requiringequal employment opportunity;(3) opposed any act or practice made unlawfulby any federal. state orlocal law requiring equal opportunity;or (4) exercised any other legal right protected by federal. state or local law requiring equal opportunity.

The above-mentionedpolicies shall be periodicallybrought to the attentionof supervisors and shall be appropriatelyadministered.Itis the responsibilityof each supervisor of the company to ensure af?rmative implementationofthese policies to avoid any discriminationin employment. Allemployees are expected to recognize these policies and cooperate with their implementation.Violationof these policies is a disciplinary offense.

The Af?rmativeActionOf?cer has been assigned to direct the establishmentand monitorthe implementationof personnel procedures to guide our af?rmativeaction programthroughout AllAmerican Asphalt&Af?liates.A notice explaining the company's policywillremain posted.

Sincerely.

AllAmericanAsphalt & Iiates
// ?/ ,4 .., Margare adilla
EEO Of?cer
Item Number: 10.

CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS

CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY

CLAUSE AND THE FILING OF REQUIREDREPORTS
The bidder A“ American Asphalt ,proposed subcontractor hereby certi?es that he has X ,has not _, participated in a previous contract orsubcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925 11114, or 11246, and that he has X_, has not _, ?led with the loint Reporting Committee, the Director of the of?ce of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable ?ling requirements.

AllAmerican Asphalt
(COMPANY)
BY: //_,//
Edward J, Carlson.Vice President
(TITLE)
DATE: MM r 10 ,2oz_4.

NOTE2The above certi?cation is requiredby the Equal EmploymentOpportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt).

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not ?led the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period speci?ed by the Federal Highway Administration or by the Director, Of?ce of Federal Contract Compliance, US. Department of Labor.

Item Number: 10. 52

NON-COLLUSION AFFIDAVIT
The undersigned in submitting a bid proposal for performing the following work by contract, being duly sworn, deposes and says:

That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

The furnishing of all labor and materials and equipment for the Hacienda Avenue Street Improvements Project 3003, consisting of removing existing concrete and asphalt concrete improvements; the construction of concrete curbs, gutters, sidewalk, driveway approach, and curb ramps; cold mill and overlay asphalt concrete pavement; the installation of solar—powered ?ashing beacons; and the installation of traf?c signs, striping, and markings. Removed material shall be legally disposed of off-site at the Contractor’s expense. All project work and incidental items to complete the project shall be performed in accordance with the plans, speci?cations, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition.

AllAmerican Asphalt
Edward J. Carlson, Vice President
//M(/
Si'gnattfeof Bidder
PO Box 2229, Corona, CA 92878
Business Address
400 East Sixth Street, Corona, CA 92879
Place of Business
ibed and sworn (af?rmed) to before me this day of , 20
My commission expires
53 Item Number: 10.

a
Item Number: 10.

2ACLIFORANI JURAT GOV CODE § 8202
A notary public or other of?cer completing this certi?cate veri?es only the identity ofthe individual who signed the document to which this certi?cate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside Subscribed and sworn to (or af?rmed) before me on this 20m day of N°Vemb°' , 2024 1 Date Month
By (1) Edward J. Carlson , Name of Signer
Proved to me on the basis of satisfactory evidence
be the person who appeared before me (.) (,)
(and
WA
KlMBERLVDElRO (2)
.
1 Notary Public- California Name of Signer
RiversideCounty
Commissionit 2491436
MyComm. ExpiresMay 27, 2028 Proved to me on the basis of satisfactory evidence be the person who appeared before me.)
Signature mmsi?m0
Place Notary Seal Above of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Further Description of Any Attached Document
RIGHT THUMBPRINT RlGHT THUMBPRINT OF SIGNER OF SIGNER
Non-Collusion - Desert Hot Springs Title or Type °f Document Top orthumb here Top 0' thumb here November 20th, 2024
Document Date: Number of Pages: 1
Signer(s) Other Than Named Above: N’A
Item Number: 10.

SR-24-258
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 12, 2024
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award Construction Agreement for the John H. Furbee Aquatic Center Improvements, City Project No. 2013
RECOMMENDATION:
1) Award the construction agreement for the John H. Furbee Aquatic Center Improvements, City Project No. 2013., to the lowest responsive qualified bidder USA Construction; and 2) Authorize the City Manager to draft and execute the construction agreement for John H. Furbee Aquatic Center Improvements, City Project No. 2013, with USA Construction, in an amount not to exceed $1,064,680.00, with a 10% contingency of $106,468.00 bringing the total amount to $1165,148.00. And approve a total project budget in an amount of $1,265,148.00 for additional project expenses for the costs of construction management.

BACKGROUND:

On April 2, 2024, the City Council approved Staff’s recommendation to “Adopt a Resolution of the City Council authorizing participation in and authorizing the City Manager to approve all agreements and necessary Community Development Block Grant (CDBG) Advancement request. City Staff requested the advancement of CDBG funds from the Riverside County to undertake the rehabilitation of the Furbee Pool located in the Health and Wellness Center.

On May 15, 2024, the City Council awarded the professional service agreement with Aquatic Design Group for design, engineering, and construction observation for the John H. Furbee Aquatics Center Pool Renovations in the amount of $64,500.00.

The design has now been completed, plan checked, and all approvals have been obtained by the various required agencies.

DISCUSSION:

On November 13, 2024, the City of Desert Hot Springs issued a Notice of Inviting Bids for construction of the John H. Furbee Aquatic Center Improvements, City Project No. 2013. The Notice of Inviting Bids was posted on the City’s website and with Planit Reprographics, a local valley clearing house for public bid solicitations. The Notice of Inviting Bids was released for 22 days, closing on December 5, 2024.

On December 5, 2024, City Staff received and publicly opened three (3) bid packages. The following are the bid packets received with corresponding total bid amounts.

Item Number: 11.

SR-24-258
Contractor Base Bid Alternate 1 Total Bid
1 USA Construction $
1,058,680.00 $ 6,000.00 $ 1,064,680.00
2 California Waters
Development, Inc.
$
1,486,500.00 $ 308,000.00 $ 1,794,500.00
3 Ultimate Pool
Remodeling, Inc.
$
1,566,000.00 $ 595,000.00 $ 2,161,000.00
During the design there was one bid alternate that was shown on the plans and listed in the bid form of the bid proposals as bid alternate. Alternate 1 was for the purchase and installation of the scoreboard and timing system. Based on the funding and costs of the alternate 1, Staff is recommending awarding the construction agreement at the total bid with alternate 1.

Staff reviewed the bids and verified all submittals and determined the lowest responsible bidder to be USA Construction. Staff verified references and found USA Construction to meet the necessary qualifications.

Staff is recommending that City Council award the construction contract agreement to the lowest responsible bidder, USA Construction in the total bid amount with alternate of $1,064,684.00, plus 10% contingency, and the costs of construction management, and furniture, finishing's, and, equipment.

FISCAL IMPACT:

John H Furbee Aquatics Center
Improvements
Construction Costs Quantities
Base Bid - Lowest Bidder $ 1,058,680.00
Bid Alternate 1 $ 6,000.00
Total Bid $ 1,064,680.00
Contingency 10% - Base $ 106,468.00
Total Bid with Alternates and
Contingency $ 1,165,148.00
FFE Costs Quantities
Materials Testing and Inspections $ 100,000.00
Sub-Total $ 100,000.00
Total Project Budget $ 1,265,148.00
This project will be funded through proceeds from the Community Development Block Grant (CDBG) advancement request that was approved by Riverside County.

ATTACHMENTS:
1) John H. Furbee Aquatics Center Improvements Project 2013 - Notice Inviting Bids 2) Bid Opening Form
3) USA Construction Proposal
Item Number: 11.

SR-24-258
Item Number: 11.

CITY PROJECT NO. 2013
John H. Furbee Aquatic Center Improvements
NIB-1

NOTICE INVITING SEALED BID PROPOSALS
For
John H. Furbee Aquatic Center Improvements
CITY PROJECT NO. 2013

CITY OF DESERT HOT SPRINGS
RECEIPT OF BID PROPOSALS: Sealed bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for pool renovations including but not limited to, pool re-plastering, re-tiling, partial deck renovation, replacement of underwater lights and deck equipment, reconstruction of pool coping, and other work required to provide a fully operational aquatics facility as works as more particularly described in the plans and specifications under City Project No. 2013, John H. Furbee Aquatic Center Improvements, in the City of Desert Hot Springs.

The Sealed bids must be submitted on the Proposal Form at the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 11:00 A.M. on December 4, 2024. Public Works “Bid: John H. Furbee Aquatic Center Improvements, City Project No. 2013” shall appear on the envelope of each sealed bid proposal and each bid proposal sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, Ca 92240. The bids will then be publicly opened and read in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 at 11:05 A.M. on December 4, 2024.

The Prospective Bidders who will submit Bid Proposals are advised that a “Mandatory Pre-Bid Conference” for this project will be held at 11 a.m. on Monday, November 25, 2024, at the John H. Furbee Aquatic Center, located at 11750 Cholla Drive, Desert Hot Springs, CA 92240. Attendance at this meeting is mandatory for award of the contract.

Each submitted bid proposal must be accompanied by a certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Specifications.

No bid proposal will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the Business and Professions Code. The work requires a California Class “A” contractor's license.

The bids must be submitted on the proposal forms included in the bidder's package of the contract documents.

TIME OF COMPLETION AND LIQUIDATED DAMAGES: BIDDER must agree to Item Number: 11.

CITY PROJECT NO. 2013
John H. Furbee Aquatic Center Improvements
NIB-2
commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 45 consecutive calendar days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.

OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for the City of Desert Hot Springs PD Annex Building Project are ONLY available to be ordered online at: www.planitprintworks.com. For orders by phone, contact: Planit Print Works at (760) 345-2500. Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning Daniel Lopez at (760) 329- 6411 Ext. 221.

The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at www.cityofdhs.org); Mission Springs Water District (MSWD), “Developer / Contractor Handbook and Guidelines for Design and Construction of Water and Sewer Facilities,” Latest Manual; Southern California Edison, “Underground Structures Standard (USG),” Latest Manual; “Standard Specifications for Public Works Construction,” 2015 Edition, as published by Building News, Inc.; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The MSWD, on-line version of the manual is available at MSWD Web site, the SCE “Underground Structures Standard (USG) Manual,” on-line version of the manual is available at SCE’s Standards & Publications Web site, “Standard Specifications for Public Works Construction,” 2015 Edition is available at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Tel: (714) 517-0970, and “Standard Specifications for State of California, Department of Public Works,” may be obtained from:

State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916)263-0822 or Publication Unit Web site:
http://caltrans-opac.ca.gov/publicat.htm.

ADDITIONAL BID INFORMATION AND REQUIREMENTS: All Pre-bid inquiries and questions shall be directed to Daniel Lopez, via email at [email protected] and include “Pre-bid Questions for John H. Furbee Aquatic Center Improvements, City Project No. 2013” in the “Subject Line”. Prebid questions will only be accepted from Friday November 15, 2024, through Tuesday November 26, 2024 (5:00PM). Pre-Bid questions only from General Contractors will be answered. Subcontractor questions will not be answered.

The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.

The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City nonresponsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.

A responsible contractor is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsible Item Number: 11.

CITY PROJECT NO. 2013
John H. Furbee Aquatic Center Improvements
NIB-3
contractors.

The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract.

Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.

All persons performing the work shall be paid not less than the General Prevailing Wage Determination prepared by the Director of Industrial Relations pursuant to the State Labor Code. Copies of these wage rates are available at the Department of Public Works.

The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders. Failure to complete these forms may result in a determination that the bidder is nonresponsive and/or not responsible.

The successful bidder, hereinafter called “the CONTRACTOR” to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to file with said AGENCY surety bonds as follows:

A “Faithful Performance Bond” amounting to 100% of the total contract price is required for all contracts.

A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.

A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs and The County of Riverside as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

A “Certificate of Worker’s Compensation Insurance”.

And a “Certificate of Commercial Vehicle Liability Insurance” See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.

As provided for in Section 4590 of the California Government Code and in Section 22300 of the State Public Contract Code, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract, or enter into an escrow agreement for payment of such monies to an escrow agent.

Item Number: 11.

CITY PROJECT NO. 2013
John H. Furbee Aquatic Center Improvements
NIB-4
Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

The City supports and encourages equal opportunity contracting.

FEDERAL FUNDING
This project is being financed with Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (24 CFR Part 570) and subject to certain requirements including: compliance with Section 3 (24 CFR Part 75) Economic Opportunities requirements; payment of Federal Davis-Bacon prevailing wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and others. Information pertaining to the Federal requirements is on file with the County of Riverside Department of Housing and Workforce Solutions.

PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.

The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.

Engineer’s Cost Estimate
The engineer’s cost estimate for this project is $1.1 Million Item Number: 11.

CITY PROJECT NO. 2013
John H. Furbee Aquatic Center Improvements
NIB-5

PROPOSED CONSTRUCTION SCHEDULE
The following schedule is to be required for the proposed project. The schedule may be extended by the City due to circumstances unforeseen at the time of advertisement.

November 13, 2024 Request For Proposal Released
November 25, 2024 Mandatory Pre-Bid Job Walk @ 11:00 AM November 26, 2024 Last day for bidder to submit questions December 4, 2024 Seal Bid Submitted by 11:00AM
December 11, 2024 Anticipated award of construction contract December 17, 2024 Contracts fully executed / Notice to proceed issued December 18, 2024 Pre-Construction Meeting
December 30, 2024 Construction begins
February 15, 2025 Construction completed

CITY OF DESERT HOT SPRINGS

JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
(760) 329-6411
Released: November 13, 2024
Advertised: November 15, 2024, and November 22, 2024
Item Number: 11.

CITY PROJECT NO. 2013
John H. Furbee Aquatic Center Improvements
NIB-6
Item Number: 11.

John Furbee Aquatic Center Improvements
Company/Vendor Base Bid Alternate 1 Total Bid
1 USA Construction $ 1,058,680.00 $ 6,000.00 $ 1,064,680.00 2 California Waters Development, Inc. $ 1,486,500.00 $ 308,000.00 $ 1,794,500.00 3 Ultimate Pool Remodeling, Inc. $ 1,566,000.00 $ 595,000.00 $ 2,161,000.00 *if applicable Item Number: 11.

Company’s Quali?cationsFor
John H. Furbee Aquatic Center
Improvements
USAConstruction
1595 Peachtree Pkwy, Suite 204-344
Cumming, GA 30041
PROJECTNO. 2013 PI877-248-1872
Date Due: 12/4/2024 Fl877-224-0872
Item Number: 11.

Cover Sheet
Table of Contents
USA Construction
Meet the Team
Team Structure
Sample Projects
Project Management
Partners *not all are listed
Table of Contents
Item Number: 11.

USA Construction
History: USA Construction was founded in 2001 by a group of aquatic professionals that branched off of USAPools.Since 2001 we have built various types of commercial aquatic facilities. Our group began in the southeast, then worked its way up the east coast, by 2014 we expended to the southwest and west coast.

Safety: The USAConstruction group has experience working on projects from coast to coast. Our safety record is impeccablewith zero incidents. Our safety and standards are unmatched in our industry.

Methodology: USA Construction utilizes the traditional project management “waterfall” method for project management. As well as the utilization of daily reporting that with smart phone technology allows us to have real time trends on project completion.

Capabilities: USA Construction has worked on new build- design as well as renovations for the following types of facilities: traditional commercial swimming pools, lazy rivers, waterslides, beach entry pools, natatoriums, and splash parks as they have become more and more popular. USA conducts business with private business such has hotel/resorts, municipalities, and federal military installations. No job is too big or too small for our group.

Past Performance: USA Construction has the ability to work with smaller scale commercial projects as well as large scale projects. We complete more than 200 projects under $100,000 each year, 50-100 projects that are $100,000-$500,000 and 2—10 projects that scale over $1,000,000.00. These projects each of their own speci?c needs and requirement in which we work with a multitude of engineers, architects, sub contractors and material vendors.

Item Number: 11.

Meet Your Team
Alison Abbott
'~ Sales Manager
Carmen
Zamudio
Contracts and
Finance
‘ _ Morris Barkley
Project ‘ Office
Manager ‘ Administration
Onsite Staff
Our Team at USA Construction is made up of multiple subject matter experts. These professionals are paired with each project depending on the project scope. We have provided swimming pool construction, management, and maintenance services for cities, counties, country clubs, and military bases throughout the country. We have in place the valued services and programs that will enable us to serve you with a 100% guaranteed satisfaction.

We will accept no less than the highest standards in materials and workmanship and offer our full commitment to making this process as smooth and worry-free as possible. We stay personally involved step by step in your project, which ensures complete control over the work and seamless integration with all facets of the job, guaranteeing a top—notch?nal product and total customer satisfaction. Again, we appreciate you taking a good look at USA Construction.

Item Number: 11.

Alison Abbott
Alison studied international business. After working in the medical and hospitality fields she joined the USA team in 2014 and has been successful in moving into a senior management role where her skills and knowledge in technology have aided in bringing organizational systems into more efficient practices.

Experience
Organizational and talent
management
Multidepartment management
Revenue management of 60—80
Million annually
Fields of experience: Hospitality,
Medical, Construction, Aquatic
Safety
Organizational training and system
set up
Skills
- Ability to connect teams
- Ability to provide clear
communication to high level and
ground level team members
° Ability to communicate
expectations and assist others in
setting goals to meet expectations
- Ability to problem solve and make
decisions.
° Ability to identify root cause and
work towards solution
é
'6 LE9v . EDGEWOOD
o A 0 Occupational Safety
(£5.95) and Health Administration COLLEGE s
Item Number: 11.

Team Structure
Its important to have a system of checks and balances on site and in the of?ce. Your project will go through a system of checks and site walks before anything is every approved or labeled as complete.

Sometimes simple is better!
We believe that there should be a
clear chain of command and that
begins with YOU, the client. You
will always have access to all three
levels of management throughout
your project.

The admin or sales manager acts as
the construction director. They
listens, estimates, and designs.

Without their stamp of approval
you will not be presented with pay
applications or statements of work
completed.

Your project manager for USAwill
function 75%in the office and 25%
on—site.They are the eyes and ears
for the project and holds the
superintendent to the highest
standard.

Your onsite superintendent will be
with our crew daily overseeing
each step of your project. We have
several gifted supers that are part 5
of our company.

Item Number: 11.

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Item Number: 11.

Design—Build
Orange Park - GA
1305 Oakland Dr. SW Atlanta, GA 30310
Valued at $1,450,000
Building — 44005f
Pool — 6000 sf
Item Number: 11.

Design—Build
JohnA. White Park — GA
1183 Cascade Cir SW Atlanta, GA 30311
Valued at $1,675,000
Building — 75455f
Pool — 4707 sf
Item Number: 11.

Design-Build
Browns Mill Aquatic - GA
4929 Browns MillRd Lithonia, GA 30038
Valued at $2,600,000
Building — 7450$f
Pool — 17,000 sf
Item Number: 11.

Renovations
Need an update to your location?
Add a slide* Resurface* Extend your Pool * Convert a pool to splash pad* Add play features
ll
Item Number: 11.

SEIashPark Design/Build
la 77,, ,,
iverside Park — GA
575 Riverside Road Roswell, GA 30075
Valued at $594,500
Splash Pad — 2200 sf
Item Number: 11.

,.\ A?"' ' SElaShPark Design/Build
Riverside Park - GA
9000 Fouts Road Roswell, GA 30075
Valued at $623,250
Splash Pad — 2550 sf
Item Number: 11.

SplashPads
You dream it and we build it!
The more out there the design, the more fun the build! At USA Construction we like our partners to have big ideas. Spirals, dinosaurs, and pirates oh my! The sky can be the limit with USA.

Item Number: 11.

SglashParks
Imagine the possibilities
15 Item Number: 11.

Project Management
Our Project Management Software has multiple interfaces, of which the main dashboard/healthchart give us a quick snapshot of how each project is doing.

It allows you to easily identify those projects which are progressing fine and those projects which are in trouble.

Time: Time shows what percentage your project is behind schedule.

Tasks: Shows how many tasks still need to be completed.

Workload: shows how many tasks are overdue.

Progress: Shows what percentage of your project is complete, Cost: Shows your costs vs your planned budget.

Progress
'ask Percent Complete
“an 75% —
)eliver 56% —
'rack 1. Report 22% -
Time
.Ahead .Behind .On Time
aIanned Completion 0%
Ahead 50%
Adual Completion 50%
-
Health
Time 50% ahead of schedule
Tasks 13 tasks to be completed.

Workload 0 tasks overdue
Progress 50% complete.

Cost 100% under budget
Cost
.Actual .Planned .Budge!
S70K
$53K
$35K
$1BK 16
SO ——
Item Number: 11.

ProjectManagement
crystal River Design/Build - 05 Oct 2020 ”'9“
Task Name Duration Planned S. . Planned Percent Complete Priority Actual Hours Planned Hours 1 I General Requirements 7 days 11/9/2020 11I17I2020 None 0 hour 2 I mobilization 7 days 11I9/2020 11/17/2020 None
3 I Design & Permillig 1 day 11/9/2020 11/9/2020 None
4 I Payment A Performance 8... 1 day 11/9/2020 11I9/2020 None 5 I Temporary Fencing 1 day 11l9/2020 11/9/2020 None
6 I Insurance 1 day HIS/2020 11I9/2020 None
7 I Trailer 1 day 1119/2020 11I9I2020 None
8 | Dumpster 1 clay 1119 0 1119/2020 None
9 I
Surveying 5 days 11 11I13/2020 None
10 I Of?ce Supplies 1 day 1/9/2020 None
11 | Miscellaneous Materials 1 day 11 1 20 None
12 | Travel 1 day 1119/2020 20 None
13 I Project Signed by FDEP Gmrul/ days 11/9/2020 I None 0 hour 14 'SileWork 46 days 11/16/2020 1" 0 None 0 hour
15 I Drainage 6 days 11I18I2020 11r2 None
15 I Prep 5 EanhWork 3 days 11I1E/2020 “Ha/2020 None
17 I Excavation.Trenching & BacJ days 11110/2020 1124/2020 None 18 I Fencing 8 Game 7 days 11/16/2020 1104/2020 None
19 I Sod, Landscape & Irrigation 6 days 1/11/2021 1/18/2021 None 20 I Pavement Marking 2 days 11/24/2020 11/25/2020 None 21 Concrele Work 54.04 days 10/19/2020 12/31/2020 None 0 hour 24 Splash Pad - Concrete 4 days 12/21/2020 12/24/2020 None 25 Plaster 4 days 12/28/2020 12/31/2020 None
26 I
Electrical Work 24 days 12/21/2020 1/21/2021 None 0 hour 27 Gen Req for Electrical 14 days 12/21/2020 “7/2021 None 0 hour 20 I Site Lighting 3 days 1/13/2021 1“ 5/2021 None 0 hour 29 Controller Board Installation 4 days 1/18/2021 1I21/2021 None 0 hour 30 Wiring Devices 7 days 12/22/2020 12/30/2020 None
17 Item Number: 11.

USA Design/Build Steps
1) Team Selection :

After carefully reading through the scope of work, USA
Construction chooses your team based on experience/ skill set, quality of work, and cost. Putting together a strong team that can function independently as well as a single unit creates a strong foundation to support the following steps and project. 2) Pre-Construction
This tends to be a shorter phase within our design build process, but it absolutely critical to our success. This is the step where we will ask a great number of questions to make sure that everyone is on the same page. Expectations and reality do not always line up when designing a project and its important to get a solid picture of what is to be
expected/ delivered. Here is where goals, complete scheduling, budgeting (and budgeting problems) and potential project challenges will be addressed. This is also where value
management/ engineering will ?rst appear.
3) Architectural Design
Design can begin after budget and timeline have been set.

There will be assessments for potential cost savings and ways to increase productivity and preliminary drawings are
presented to the project owner.
4) Construction
This can begin during the design phase as it is common to have timing overlap between the two depending on the project. USA tries to minimize change orders through utilizing S-curves and an agile waterfall project management techniques, but this is the phase where change orders will appear (if any).
5) Post Construction
Once completed, your team will do an overview of the project, a ?nal site walk and various training depending on the
technology utilized for your facility. ,8
Item Number: 11.

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Item Number: 11.

Billin & Pa ments
You should get what you pay for; in this industry that does not always happen. With USA Construction as your partner you can rest easy that when we submit a pay application, its has been checked, double checked, and triple checked. With the use of an AIA Payment application you will always know where your project stands and how your payments are calculated.

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Site Cleanliness
We all know construction is a messy business, but that does not mean the jobsite has to be sloppy.

The construction director will be performing monthly or bi—weeklysite walks depending on the project and the stage of completion. You can trust and believe in an organized, well run and safejobsite when working with USA Construction.

Our team holds every member of the crew accountable for their work area daily. Our goal is to leave as little footprint as possible when building your aquatic facility.

Item Number: 11.

Quali?Control Assessments
With USA Construction as your preferred partner, rest
assured that our focus is always on the quality of our
work/product!
Each week your project manager is going to check in with you, the director and the super individually. During this check ins your project manager will utilize a quality
control assessment form to make sure that the partner, the director and the on site superintendent are satisfied and up to date on what has been completed, what is currently in progress, what needs correcting, the plan for correcting and what are the next steps towards success and project completion.
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22 Item Number: 11.

Quali Control Assessments
QualityControl Plan for Construction
Automated Template Library-Example Project-ExampleTeam-DP-QUAL-Cim 8 ~12 Form Number
Section 1 PURPOSEOFTHEPROJECTQUALITYMANAGEMENTPLAN
Provide the purpose of the Project Quality Management Plan. This document should be tailored to fit the particular project needs. identify which project(s). productis). and/or the portion of the project life cycle that are covered by this plan and the overall quality objectives for this project.

1.1 Project Project name: Newtown Street Neighbourhood
Name and
Purpose
Purpose - Complete renovation works on the east side buildings Section 2 PROJECTQUALITYMANAGEMENTOVERVIEW

2.1 Describe the primary roles and responsibilities of the project staff as it relates to the practice of Project Organisation. Quality Management. indicate responsibilities for activities such as mentoring or coaching. auditing Responsibilitie work products. auditing processes. participating in project reviews, etc. 5. and interfaces
Name Role Quality Responsibility
3DaveHodgson National quality manager
' Coachingan quality personnel and other 1 personnel where applicable 5 ‘ l
L '
' ‘ t Patricia Barbara ‘ Quality auditing on work products i
jess King ‘ Auditingworit products acrossthe project
TBalindajones Establish auditing processes and manage
i personell
;james Tran . Orgarising and leading all participation in project

2.2 Tools. List and de?ne the data elements ' e {7 y __ t will be used to measure project quality and level Environment. of conformance to de?ned quality sta "3ard m and interfaces ”
:Tool
I Bend'imarking
I Referencingand monitoring quality in comparison to Industry recognised benchmarks Continuous improvement Setting our own benchmarls and seeking continuous imprwement across ‘
‘ operations
, Qualitymanagement software platform Get real-time analytics and insights from quality performance to properly analyse and adjust coursewhere required
' 3rd party audit . 3rd party auditing at pro-defined intervalsto ensure qua?ty and 1 compliance
Section 3 PROjECTQUALITYMANAGEMENT
At the highest of levels Quality Management involves planning, doing. checking, and acting to Improve project quality standards. The practice of Quality Management is broken into three process groups:
0 3.1 Quality Planning (OF),
23 Item Number: 11.

Quali Control Assessments
0 3.2 Quality Assurance (0A) and
0 3.3 Quality Control (QC).

The following sections de?ne how this project will apply each of these practice groups to define. monitor and control quality standards.

3.1 Quality Identify which quality standards are relevant to the project and how to satisfy them. Identify and de?ne Planning (QP) appropriate quality metrics and measures for standards for project processes, product ftmctionality. regulatory compliance requirements. project deliverables.project management performance. documentation.testing. etc. Identifies the acceptance criteria for project deliverables and product performance

1.Project structure
Separate Quality Staff- Testing is a veryspecialised function. Acontrador may elect to hire a separate staff or subcontractor to perform testing and to generate the documentation required by the FARClause and the FP.But the testing and documentation are only part of the inspection system required by the contract. ifthe entire inspection system is performed by personnel separate from production personnel, that would mirror the traditionalrelationship between contractor and agency organisations.

2. Process control testing
Testing provides a reflectionof qualityand the process. But only changes to the process can improve quality.

Extens'wetesting needed to identifydefects so that they can be corrected is an indicationof a poor process. ideallyfrequencies of QCtesting are dependent on characteristics of the overall process. in a transition environment however.when contractors are not used to designing comprehensive QCsystems. it may be necessary for the agency to provide guide frequencies to minimize the riskof serious de?cienciesundetected until late in the process.

3. Inspection/control procedure '4
Formost typicalFLHconstruction project - adequately address the qualityprocess basics l ._, j I; Thisdoes notinciude testing schedules.certifica ‘ _ the narrative includesexcessive redundancies, para that willadd to the required length.

4. Preliminary. Startup and Production Phases
The FPrequires each of the three sequential phases to be addressed separat- 4’}. ; construction.a ?ve by three matrix is generated which constitutes the inspectio '17"trol part of the CQCP.The preliminary phase includes evaluation of equipment. materials and other resources prior to work being started. it also involvescomparing contract requirements with training and other needs. Startup includes the additional management. training and inspection resources usually needed when a newoperation is started. Production addresses the routine QCresources necessary after the process is established.

5. Subcontractors and Suppliers
When subcontractors and suppliers [other than suppliers of commercialitems] provide part of the work.then the QC?needs to be clear whether their QCresponsibilities willbe independent. or a part of the prime contractor's responsibilities. if they are independent. then the subcontractors or suppliers QCPmust be developed and submitted for approval. through the prime.

8. Manufactured Materials
24 Item Number: 11.

Quali Control Assessments
Commercial Items -These are materials manufactured and sold to the general public, as opposed to materials made to the unique speci?cations of the agency. For most commercialitems.the contractor‘s responsibilitiesare limited to veri?cation that the materialsare as required or permitted in the contract.and that the delivered materials are in fact those approved materials Some materials whichare arguablycommercialare considered of criticalimportance. and have speci?c QCIQArequirements in the contract. Non-commercialItems - These are materials manufactured offsite, but speci?cally to agency specifications for this project QCplan coverage for non-commercial items should be a separate document from the manufacturer, or the manufacture of those items should be 8 included in the QCplan of the contractor or a subcontractor. Likecriticalcommercial items, aitical noncommercial items may have speci?c QCIQA requirements in the contract.

Exploitation Comment

13.1.1 Define Project Quality Covered in OKRsheet 2
r IdentifyqualityStandardsand expectations for cistorners. the project. ‘ organization and federal regulations. de?ne customerand projea goals. : quaiky standards, criticalsuccess factors, and metrics for which to . measure success.and outline acceptance criteria for project deliverables l and product performance.
1 3.1.2 Measure Project Quality Covered in moot
; identifydesired metrics and related monitoring processesfor which to 2 measurequalitystandard.develop a plan for measuring quality, de?ne i
l methods of data colection and archiving. and document timeframe for ‘ measurement and metrics reporting.
lr3.2 Quality identifyand define those actions.and the metrics to measure them, that provide the con?dence that Assurance project quality is in fact being met and has been achieved. Relate thee actions to the quality standards (QA) defined in the planning section of this document.

Defects per subcontractor - Trackthe number of defects per < and assess punch list and snag list completion and performance .97'
,/ -"/. Project delays oTrackdays behind schedule, planned vs. actuals and budgeting to chk how much quality has impacted these core project KPl's
Variations - The number of variations and instructions are indicative of project scope changing which introduce more uncertainty around jobs and quality which can negativelyimpact quality tot management - Understand how each team and function is performing from lot reporting ; Explalnadon Comment

3.2.1 Analyze Project Quality
‘ Qualitymanagement software to improve planned vs. actuais and real- Analyzequality data.document opportunities for improrement and apply time tracking Md monitoring what was learned from quality analysis to eliminate gaps between current ‘ and desired leveb ofperformance.
2S
Item Number: 11.

Our Partners
$AO¢JAWOLUC
Newly-designed commercial and residential
pool filter packs are made of thick
fiberglass lids with a one-inch ?oor for no
warping and easy drainage. Aquaworx uses
stainless hardware on our hinges and
latches in addition to unions on all pumps
for easy removal. 26
Item Number: 11.

Our Partners

AQUATICS

SAFESWAPTMANCHORING SYSTEM
Attractive ground caps are
substituted for future play products
Easily add future play elements with no
change to infrastructure
Easily move products from one location
to another at no additional cost
Provides ?exibility to spread investment
over time as capital becomes available
Structural stainless-steel base
for maximum strength
Optional interim spray cap (as shown)

RECIRCULATION
Item Number: 11.

Our Partners
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Item Number: 11.

Our Partners
® WHITEWATERM
EST. 1980
Item Number: 11.

Our Partners

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Item Number: 11.

Our Partners
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Item Number: 11.

Our Partners
32 Item Number: 11.

Our Partners
Kygtalkrete
EXPOSED AGGREGATE POOL FIN|SH
33 Item Number: 11.

lot retlectlve OI actual agreement. One would be modmed [0 re?ect COSt and scope upon award

USACONSTRUCTION
PROPOSAL FOR:

John H. Furbee Aquatic Center Improvements
This Agreement, between the undersigned,
(herein referred to as "0wner"), hereby contracts with USA Construction (herein after referred to as "Contractor") for the installation described below at the price, terms, and conditions set forth herein.

JOB ADDRESS: John H. Furbee Aquatic Center, located at 11750 Cholla Drive, Desert Hot Springs, CA92240 MAILADDRESS:Office of the City Clerk, City Hall, 11-999 Palm Drive, Desert Hot Springs, CA 92240
CONTRACTPRICE(in words): One Million Fifty-Eight Thousand Six Hundred Eighty Dollars CONTRACTPRICE(in numbers): $1,058,680
Payable as follows:

PAYMENTSCHEDULE
Payment is Scheduled in AIA format
USA CONSTRUCTIONagrees to furnish and pay all labor, material, equipment, takes, insurance, and do allthings necessary for the proper construction and completion ofswimming pool at FacilityName, Locatedin Name County, State in accordance with the requirements of the local Health Department in effect on the date of this Agreement, and as shown on the plans provided by the Owner. Without limiting the generality of foregoing, the work is generally described as the construction of a swimming pool the shape and size specified on the attached plan and as described in the Plans and Specifications provided by the Owner.

Any written notices, which may be required herein, shall be mailed by Registered or Certified US Mail,return receipt requested, to the Contractor at the following address:

USAConstruction
1595 Peachtree Pkwy
Suite 204~344
Cumming, GA, 30041
Item Number: 11.

Pool re-plastering and re—tiling.

Partial deck renovation.

Replacement of undenNater lights and deck equipment.

Reconstruction of pool coping.

General work required to provide a fully operational aquatic facility.

Item Number: 11.

LANS:

Iwner is required to provide Contractor with three (3) full sets of engineer stamped plans upon signing of agreement. ontractor cannot start the project or the permit process without three (3) full sets of engineer stamped plans. Plans iUSt include drawings of pool layout with depths and dimensions of pool. plumbing layout of pool, and all electrical nes for pool to include pump room layout and pool lights. Contractor can provide these plans at an additional fee to 1e agreement cost.
00L OPERATIONS
he Contractor shall put the filtration equipment into operation. The Contractor shall provide oral instructions; as Iellas provide all owners’ manualsto Owner. The premises shall be cleared of all excess materials, tools, equipment nd debris from construction site.
his bid assumes there are no underground rocks or structures, quicksand, lakes, trash dumps or uel tank, and there is reasonable access to the job site. This bid also assumes there is acceptable soil type and Jmpaction to support pool structure and decks.
rwner represents that he/shehas title to the land, that the pool is located within the property lines and clear atbacks, underground installations and overhead power lines, and that the pool and equipment location complies iith applicable zoning laws.

HANGEORDERS
ny additional work that is above and beyond the originalscope of work listed above shall be invoiced separately and ayment shall be due upon completion of additionalwork that Was approved by Owner in the change order. Any wange orders that are more than $2,000.00 shall require a 50% deposit with the written approved change order. ayment terms listed below shall apply to all change orders.

DDENDA
he following Addenda are pursuant to, and part, of this Agreement:

N/A
ERSONNELl SUBCONTRACTORS
lhereas, Company will invest substantial resources to train and convey information concerning perationaI/construction techniques and management procedures to its personnel and subcontractors at Owner‘s icility, Owner acknowledges that such information and investment is a valuable asset of Company's business. Owner grees not to hire or contract (without the prior written consent of Company) any personnel or former personnel of ie Company directly or indirectly to work at, service, or be connected in any way with the project named herein for a eriod of one (1) year from the date of completion or cancellation of this agreement. Owner further agrees not to antract for any work performed at project as described herein with any subcontractor hired by Contractor (without 1e prior written consent of Company) to perform work on project listed above herein for a period of one (1) year pm the date of completion or cancellation of this agreement. Hiring of subcontracts by Owner is a direct breach of iis agreement and a violation of the permit status of this project.

Item Number: 11.

'AYMENTTERMS
Iontract Payments are due as indicated above. Any contract payment not made within ten (10 days of the schedule sted above shall be subject to a delinquent payment of five percent (5%) of the amount due or any portion thereof. 1 the event contract payments are not received within fifteen (15) days of the schedule listed above, the Company hall have the right, at it's option, and within its sole discretion, to interrupt or terminate its services under this lgreement and to withdraw and remove all personnel and supplies from Owner's premises without any further or dditional notice to Owner. Any such interruption or termination notwithstanding, Owner shall be fully responsible or all payments provided herein. In the event that Company is required to collect payment at Owner's establishment, )wner agrees to pay an amount not to exceed $350.00 for courier services. 1 the event that the Company elects to pursue collection of any amounts due under this Agreement, Owner shall pay || said amounts, together with the interest at the rate of 18% per annum from the date the same became due, ogether with any and all cost of collection, including and together with any and all reasonable litigation expenses, 1cluding reasonable attorneys fees.
urther, Contractor will not assume any liability or responsibility for any work during the Warranty Period until all woices are paid and Owner’s account is current.

IANCELLATION
'he Owner shall have the right to cancel this Agreement based on Company‘s non-performance of duties and esponsibilities as follows:
1) Owner shall notify corporate office (1595 Peachtree Pkwy Suite 204-344 Cumming, GA, 30041) by certified mail nd by phone of any problem regarding performance as detailed in the Agreement. Company shall have ten (10) Ausinessdays following receipt of certi?ed notification to remedy stated violation of agreement. (Remedy Period) 2) if Company failsto remedy the violation within the Remedy Period as detailed in this Agreement; Owner may then ancel this Agreement by providing Company written notice of cancellation via certified mail, within ten (10) days of he end of the remedy period. ThisAgreement shallthen terminate five (5) days after the receipt thereof by the Zompany and be considered the Termination Date.

CLOSEOUTlSUBSTANTlAL COMPLETION
)wner is required to attend a Close Out walk through ofjob site within 3 days of Substantial Completion of project. ubstantial Completion is achieved when facility/pool is usable and or permitted for operations. IfOwner does not ttend the Close Out walk through, Owner agrees to ?nal completion and payment of all outstanding invoices, 1cluding any and all retainage.

VARRANTYPERIOD/WARRANTYREVIEW
Zontractor provides a one-year warranty (Warranty Period) on all parts and labor for this project. The Warranty 'eriod on parts is limited to the extent of the Manufacture’swarranwfor each part. Owner is entitled to request a Varranty Review throughout the Warranty Period as long as all outstanding payments/invoices are completely paid to Zontractor. in order to request 3 Warranty Review of the project, Owner is required to submit the request in writing 0 our office via certified mail detailing any item they would like the Contractor to review under our warranty terms. lpon receipt of Warranty Review, Contractor willhave ten (10) days to provide a written response to the Owner’s Varranty Review request. IfWarranty Review contains items that fall within the warranty provided under this greement, Contractor has thirty (30) days to correct those items that fall under our warranty from date of cceptance of Owner's Warranty Review. Page 5
Item Number: 11.

Varranty Period begins upon Substantial Completion and completion of Close Out walk through. However, a Varranty Review will not be accepted at any time until Owner has paid all contract payments and outstanding ivoices due on this project.
iOVERNINGLAW
'his Contract shall be governed by and construed according to the Laws of where the Company is domiciled.Venue or any disputes arising out of this Contract shall be in the State or Superior Courts of where the Company is lomiciled.

IlODlFICATlON
his Agreement constitutes the entire agreement of the parties and supersedes any prior agreements, understandings ir negotiations, written or oral. ThisAgreement may not be modified or amended except in writing, signed by both iarties hereto. This Agreement shall be binding to ensure the benefit of the Owner and Contractor and so their espective heirs, successors and assigns.

TRICTCOMPLIANCE
lo failure of Contractor to exercise any power or right granted herein, or to insist compliance by Owner with its ibligations and duty herein shall constitute a waiver of Contractor's right to demand strict compliance with the revisions hereof at any time.

EVERABILITY
: any term or provision of this Agreement or the application théreofto any person or circumstance shall, to any ‘xtent, be invalid or unenforceable, the remainder of this Agreement,or the application of such term or provision to Iersons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby nd each term and provision of this Agreement shall be valid and enforceableto the fullest extent permitted by law. lONWAlVER
)wner and Contractor agree that no failure to exercise and no delay in exercising any right, power or privilege under hisAgreement on the part of either party shall operate as a waiver of any right, power, or privilege under this igreement.
iTTORNEYSFEES
1 the event of legal action to enforce the rights of the Contractor or Owner, under the terms of this Agreement, the Iarties agree that the Contractor shall be entitled to receive as additional damages, any and all litigation expenses, 1cludingattorney's fees.
iOOD FAITH
JSAConstruction has provided this proposal in good faith based on information obtained from the owner and from Iur inspections.

AISCELLANEOUS
icts of God, natural phenomenon, previous damage or irregularities, or those inconsistencies beyond the control of iSAConstruction may give cause to the contractor to advise the owner of a change in scope of the work. Thischange waynecessitate an adjustment in price, or a modification in some part of the work to be performed.

Item Number: 11.

’ROPOSALEXPIRATIONDATE
[his contract is void at the Company's option if not executed by the Owner and returned to the Company 14 days )fter December 4th, 2024.

BINDINGAGREEMENT
Thisinstrument shall become effective as of .The Agreement shall )ecome binding upon the signature and /or seal of both parties.

ACCEPTANCE
Acceptance of this Agreement by Owner through signatures below and return of this Agreement along with any )ayments due hereunder willconstitute a contract entered into in accordance with the specifications, terms and :onditions and addenda attached hereto.

I'hanksfor your confidence in USAConstruction
JSA CONSTRUCTION Name of Owner
3y: USA Construction, LLC ' By:

Authorized Agent- ”Owner”
)f?cer: Title:
)ATE: DATE:

Item Number: 11.

ADDENDUMNo. 1
John H. Furbee Aquatic Center Improvements
City Project No. 2013
November 21, 2024
The following is for clari?cation or changes to the John H. Furbee Aquatic Center Improvements, City Project No. 2013.

Notice of Inventing Sealed Bid Proposals - Receipt of Bid Proposals The work requires a California Class “A”license or California Class “B”license.

The Contractor or the Subcontractor must have a C-53 license.

Thank you,
Nicholas Haecker
PublicWorks Director
Receipt of this addendum shall be submitted with your bid by signing below. YOUR BIDWILLBE DISQUALIFIEDIF THISADDENDUMNO. 1 IS NOT SIGNEDAND SUBMITTED WITHYOUR BID PROPOSAL.

W
Bidder 3 a ure
Item Number: 11.

ADDENDUMNo. 2 -
John H.FurbeeAquatic Center Improvements
CITYPROJECT NO. 2013

CITYOF DESERT HOT SPRINGS
December 3, 2024'
If. The following is for clarification or changes to the John H. Furbee Aquatic Center’ Improvements, City Project No. 2013.
,1- As part of the new deck construction the contractor shallinclude the new conduit infrastructureforthe “future”scoreboard and timing system as shown onplans.

2. AddBidAlternate1—“The purchase and installationof the scoreboard and timing system per the attached plans Sheet SP-3 and SP- 7”.

3. Use attached Revised Bid Form, as of?cial Bid Form.

Thankyou,
Daniel Porras, P.E.

Assistant City Manager / City Engineer
‘ Receipt ofthis addendumshallbe submittedwithyour bidby signing below. YOUR BID VWILLBE DISQUALIFIED IF THIS ADDENDUMNO. 2 IS NOT SIGNEDAND SUBMITTEDWITHYOURBID PROPOSAL.

MOW/4 *
Bidder’sSignature
Item Number: 11.

BID PROPOSALFORM-REVISED
John H. Furbee Aquatic Center Improvements

IN THE CITY OF DESERT HOT SPRINGS

TO THE CITYCOUNCILOF THE CITYOF DESERT HOT SPRINGS, CALIFORNIA The undersigned as bidder declares that he has carefully examined the location of the proposed work, that he has examined the Special Provisions and read the accompanying instructionsto bidders, and hereby proposes and agrees, ifthe bid proposal is accepted, to furnish all materials and do all work required to complete the said work in accordance with the said Standard Speci?cations, Special Provisions, Technical Speci?cations, and Project Plans in the time and manner therein prescribed for the unit price set forth in the following schedule:

BASE BID: 3; 1,058,680
ADDITIVEALTERNATE#1 BlD:

The purchase and installation of the
scoreboard and timing system per the
attached plans Sheet SP-3 and SP-7 $
6,000
TOTAL BID: $ 1.064.680
Onemillionsixty-fourthousand six hundred eighty
(words)
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, notincluding Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid proposal shall become the property of the City of Desert Hot Springs, and this bid proposal and the acceptance thereof may be considered null and void.

Signature
(If an individual,
ofbidderm—
so state. If a ?rm or co-partnership, state the ?rm name and give the names of all individual co-partners composing the ?rm. Ifa corporation, state legal name of corporation, also names of president, secretary, treasurer and manager thereof.) 1595 PEACHTREE PKWY
SUITE 204-344
CUMMING,GA 30041
Business Address
Item Number: 11.

Dated:
877-248-1872
Telephone Number
12/3/2024
Item Number: 11.

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BIDDER’S PROPOSAL
FOR THE John H. Furbee Aquatic Center Improvements INTHE CITY OF DESERT

HOT SPRINGS, CALIFORNIA
Date “/26 20 24
To the City Council of the
City of Desert Hot Springs:

The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:

USA CONSTRUCTION LLC
(Ifthe bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership, give the name under which the co-partnership does business, and the names and addresses of all copartners. Ifan individual, state the name under which the contract is to be drawn.) (b) That this bid proposal is made without collusion with any person, ?rm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid proposal solely upon his own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Desert Hot Springs to him at the address furnished by him to the City of Desert Hot Springs when this bid proposal form was obtained.
(e) That he has carefully examined the speci?cations, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid proposal in accordance therewith.
(f) That, ifthis bid proposal is accepted he will enter into a written contract for the performance of the proposed work with the City of Desert Hot Springs. 9 Item Number: 11.

BIDDER’S PROPOSAL
(9) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices willapply to the actual quantities whatever they may be.

Accompanying this bid proposal is a certified or cashier’s check or bidder’s bond, payable to the order of the City of Desert Hot Springs in the sum of One Hundred FlVe Dollars Thousand Eight Hundred Sixty-Eight DOLLARS ($ 105,868 ) Said bidder’s bond has been duly executed by the undersigned bidder and by a ?nancially sound surety company authorized to transact business in this state.

It is understood and agreed that should the bidder fall within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said cash, check, or bidder's bond, shall become the property of the City of Desert Hot Springs, but ifthis contract is entered into and said bonds are furnished, or if the bid is not accepted then said check or cash shall be returned to the undersigned, or the bidder willbe released from the bidder’s bond.
1595 PEACHTREE PKWYSUITE 204-344 877-248-1872
Address of Bidder Telephone of Bidder lime
Signature of Bidder
CUMMING 30041
City Zip Code
10 Item Number: 11.

BID PROPOSAL FORM
John H. Furbee Aquatic Center improvements

INTHE CITYOF DESERT HOT SPRINGS

TO THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA The undersigned as bidder declares that he has carefully examined the location of the proposed work, that he has examined the Special Provisions and read the accompanying instructions to bidders, and hereby proposes and agrees, if the bid proposal is accepted, to furnish all materials and do all work required to complete the said work in accordance with the said Standard Speci?cations, Special Provisions, Technical Speci?cations, and Project Plans in the time and manner therein prescribed for the unit price set forth in the following schedule:

One MillionFifty-EightThousandSixHundred Eighty
TOTAL BID Dollars. $ $1,058,680
(words)
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid proposal shall become the property of the City of Desert Hot Springs, and this bid proposal and the acceptance thereofmay be considerednull and void.

Signatureof bidder
/ U 4
(If an individual,so state. If a ?rm or co-partnership,state the ?rm name and give the names of all individual co-partners composing the ?rm. If a corporation,state legal name of corporation, also names of president,secretary, treasurer and manager thereof.)

USACONSTRUCTIONLLC
_ SECRETARY: CARMENZAMUDIO PRESIDENT.JOHN WILLIAMS, TREASURER: CARMENZAMUDIO 1595 PEACHTREEPKWYSUITE204-344 MANAGER:ALISONABBOTT
CUMMING,GA.30041
BusinessAddress
877-248-1872
Telephone Number
Dated: “’26 , 20 24
11 Item Number: 11.

Item Number: 11.

Item Number: 11.

Item Number: 11.

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDERhas performed similar work within the past two years.

1. Arthur Culbreth City of Atlanta
Name and Address OfOwner
Arthur CUIbreth 770-595-3870 Aculbreth0009@gmai|_com
Primary Contact Name, Email, and Telephone Number
Second Contact Name, Email, and Telephone Number
$650900 CONSTRUCTION, PLASTER MAY2024
Contract Amount Type OfWork Date Completed
MikielleBarkley NY-Queens
Name and Address OfOwner
MikielleBarkley 404.993.4014 [email protected] Primary Contact Name, Email, and Telephone Number
Second Contact Name, Email, and Telephone Number
$575,000 CONSTRUCTION, PLASTER JUNE 2024
Contract Amount Type of Work Date Completed
Warren Holiday City OfLaurel
Name and Address of Owner
Warren Holiday 601-577-5814 [email protected]
Primary Contact Name, Email, and Telephone Number
Second Contact Name, Email, and Telephone Number

CONSTRUCTION, PLASTER
$180300 MAINTENANCE
Contract Amount Type of Work Date Completed
15 Item Number: 11.

Elle Anderson City of Stockton
Name and Address of Owner
Elle Anderson 650-296-4396 [email protected]
Primary Contact Name, Email, and Telephone Number
Second Contact Name, Email, and Telephone Number
$220,000 CONSTRUCTION, PLASTER JAN. 2024
_—______MA1NIENANCE____—__
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDERintends to procure insurance bonds:
16 Item Number: 11.

EXHIBITB-4
Required Bid

CERTIFICATION OF BIDDER

REGARDING NONSEGREGATED FACILITIES
Project Name; John H. Furbee Aquatic Center lmprovements Name OfBidder: USA CONSTRUCTIONLLC
The above named Bidder hereby certifies that:

I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, national origin, or because of habits, local customs, or otherwise.

I further agree to obtain identical certifications from all proposed subcontractors prior to the award of subcontracts exceeding $10,000. \
. Signature: A
Name (Print): USA CONSTRUCTIONLLC
Title: PROJECT MANAGER
11/26/2024
Date:
17 Item Number: 11.

EXHIBITB-5

COUNTY OF RIVERSIDE

AFFIRMATIVEACTION PROGRAM
ECONOMIC OPPORTUNITIES FOR SECTION 3 RESIDENTS
AND
SECTION 3 BUSINESS CONCERNS
The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD Assistance for housing.
18 Item Number: 11.

AFFIRMATIVEACTION POLICY STATEMENT
The County of Riverside, as the Community Development Block Grant Administrator, shall take Af?rmative Action to insure to the greatest extent feasible that:

1. Contracts for work (involving both construction and non-construction projects) funded from Community Development moneys be awarded to business located in and/or owned in substantial part by persons residing within the Section 3 covered project area.

2. Lower income residents of said project area are to be provided, to the greatest extent feasible, employment and training opportunities emanating from such contracts.

Itwillbe established policy to:

1. Enlist the support of community agencies, schools and unions in the recruitment, hiring and training of low income persons residing within Section 3 project areas.

2. Insure that project area business are afforded a maximum feasible opportunity to bid on contracts.

3. lnsure that contractors understand and comply with their obligations under the Act (24 CFR Part 75).

4. Provide a system to periodically monitor and evaluate the effectiveness with which the plan is being carried out.

To insure that we continue to meet our obligations and commitments we have developed a Section 3 Af?rmative Action Program. Allcontractors and sub-contractors are expected to demonstrate a spirit of support and cooperation in the implementation of this program.

The Executive Director of the Community Development Agency willbe responsible for the implementation, administration, and monitoring of our policy and program.

Date: February 8, 1988
Supervisor Walt P. Abraham Chairman, Board of Supervisors 19 Item Number: 11.

I I

DEFINITIONOF TERMS

1. Business concerns located withinthe Section 3 covered project area: Means those individualsor ?rms located withinthe relevant Section 3 covered project area as determined, pursuant to 24 CFR 135.5.

2. Business concerns owned in substantial part by persons residing in the Section 3 covered project area: Means those business concerns which are fifty-one (51) percent or more owned by persons residing within the relevant Section 3 covered project as determined pursuant to 24 CFR135.5.

3. Contracting party: Means any entity which contracts with a contractor for the performance of work in connection with a Section 3 covered project.

4. Contractor: Means any entity which performs work in connection with a Section covered project.

5. Lower income resident of the area: A person residing in the Community Development Block Grant project area of the County of Riverside whose annual family income does not exceed eighty (80) percent of the median income. (Calculations are to be based on the median income level as reported by HUD).

6. Project area: In most cases the project area will be bounded by the County limits (or participants' City limitsas applicable). However, priority shall be given to persons livingwithin the County's Impact Areas.

III

SPECIFIC AFFIRMATIVE ACTION STEPS
In order to comply with Section 3 regulations af?rmative action must be taken. This af?rmative action willbe at least as extensive and speci?c as the following:
0 Each contractor and sub-contractor shall incorporate in all contracts for work in connection with a Section 3 covered project the following Section 3 Clause:
0 Every applicant, recipient, contracting party, contractor, and subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with Section 3 covered project, the following clause (referred to as a Section 3 Clause):
20 Item Number: 11.

The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development, and is subject to the requirements of Section 3 of the Housing and Urban Development act of 1968, as amended, 12 U.S.C. 1701u.

Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.

The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 570, and all applicable rules and orders of the Department issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

The contractor willsend to each labor organization, or representative or workers, with which he has collective bargaining agreement or other contract, or understanding, if any, a notice advising the said labor organization or workers; representative of his commitments under this Section 3 Clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employment or training.

The contractor willinclude this Section 3 Clause in every sub-tier contract for work in connection with the project and will, at the direction of the applicant for, or recipient of, the Federal ?nancial assistance, take appropriate action pursuant to the sub-tier contract upon finding that the subcontractor is in violation of the regulations issued by the Secretary of Housing, and Urban Development, 24 CFR 570. The contractor willnot enter into any sub-tier contract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 570 and willnot let any subcontract unless the subcontractor has ?rst provided it with a preliminary statement of abilityto comply with the requirements of these regulations.

Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 570, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal ?nancial assistance provided to the project binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.

All contractors and their subcontractors shall include as part of their bid proposal a copy of their Section 3 Affirmative Action Plan. The Plan should include the following:
21 Item Number: 11.

1. A preliminary statement of workforce needs (skilled, semi-skilled, unskilled labor and trainees by category).

2. Goals (in percentage) relative to utilization of lower income persons in project area.

3. Goals relative to the project dollar amount of subcontractors to be awarded to project area business.

IV
DISSEMINATION OF SECTION 3 PROGRAM POLICY
In order that all contractors of the County of Riverside have a fullunderstanding of the County's position regarding this Section 3 AffirmativeAction Plan the following procedures willbe initialed:

1. Alladvertisements and invitationsto bidwillinclude the County's Section 3 Af?rmative Action Plan requirements.

2. AllCommunity Development Block Grant contracts willinclude the County's Section 3 Af?rmative Action Plan.

3. The Section 3 Grievance Procedure and signs shall be placed at construction sites identifyingthe project as a Section 3 covered project.

V

PROGRAM EVALUATION
Pursuant to Section 3 requirements (24 CFR 135.72,) the County of Riverside, as Block Grant Administrator, shall assist and actively cooperate with the Department of Housing and Urban Development in insuring the compliance of our contractors and subcontractors.

Allcontractors shall:

1. Maintain a list of all lower income area residents who have applied whether on their own or on referral from any source.

2. Set forth evidence, acceptable to the Executive Director or the Community Development Agency that its actions were not an attempt to circumvent program requirements, if vacant apprentice or trainee positions in its organization are ?lled immediately prior to undertaking work pursuant to a Section 3 covered project.
22 Item Number: 11.

VI

COMPLAINT PROCEDURE
Who may file a complaint?
The following individuals and business concerns may, personally or through an authorized representative, file with the Assistant Secretary a complaint alleging noncompliance with section 3:

1. Any Section 3 resident on behalf of himself or herself, or as a representative of persons similarlysituated, seeking employment, training or other economic opportunities generated from the expenditure of Section 3 covered assistance with a recipient or contractor, or by a representative who is not a section 3 resident but who represents one or more Section 3 residents;

2. Any Section 3 business concern on behalf of itself, or as a representative of other section 3 business concerns similarly situated, seeking contract opportunities generated from the expenditure of Section 3 covered assistance from a recipient or contractor, or by an individual representative of Section 3 business concerns.

Where to ?le a complaint?
A complaint must be ?led with the:

Assistant Secretary for Fair Housing and Equal Opportunity Department of Housing and Urban Development
Washington, DC, 20410.

Questions regarding Section 3 compliance, procedures for ?ling a complaint, or the County of Riverside’s Af?rmative Action Program, should be addressed to:

Department of Housing &Workforce Solutions
CDBG Program Administrator - Section 3 Program
3403 10thStreet, Suite 300
Riverside, CA 92501
(951) 955-5933
23 Item Number: 11.

EXHIBIT3-6

$200,000 or more
BIDDERCERTIFICATION FOR SECTION 3 COMPLIANCE
(Housing and Community Development Act of 1968)
Project Title: John H. Furbee Aquatic Center Improvements Amount of Bid: $1 058 680 The undersigned hereby certifies that helshe has read and understands Riverside County's Section 3 Affirmative Action Program as well as Section 3 of the Housing and Community Development Act of 1968, and further certifies adoption of, and adherence to, said program, and certifies understanding of the following for all construction contracts over $200,000.

I. Employment Oggortunities
I understand and agree that in the event that I am awarded this contract, and in the event that any new employment opportunities are created as a result of this CDBG-funded project, Iwill:
a. Contact the US. Department of Housing and Urban Development (HUD) Section 3 website at www.hud.gov/section3 to review the list of certified Section 3 persons, within Riverside County, to be considered for available employment opportunities; and HUD Section 3 Opportunity Portal at: https://hudapps.hud.qov/OpportunitvPortal/ YP Initial Here
b. Forward to the Department of Housing & Workforce Solutions all detailed job descriptions for new employment opportunities and Section 3 reports, in a form, at a place, and at a time as directed by the Department of Housing &Workforce Solutions.

L Initial Here
c. Present a list, of the number of total labor hours, Section 3 worker labor hours, and Targeted Section 3 worker labor hours expected to be generated from the initial contract and a list of projected number of available positions, to include job descriptions and wage rates.

L Initial Here
d. Notify Section 3 Coordinator of contractor interests regarding employment of Section 3 workers prior to hiring. YP Initial Here
e. Submit a list of core employees (including administrative, clerical, planning, and other positions pertinent to the construction trades) at the time of contact award.

YP Initial Here
f, Post available positions and advertise job Section 3 workers openings at:
www.rivcoiobs.org
YP Initial Here

9. Sign the Section 3 Plan.

YP Initial Here
24 Item Number: 11.

Com lete our aoroosed workforce clan for this oro'ect below:

JOB CATEGORY

CURRENT NUMBEROF NUMBEROF NEWHIRES
POS'T'ONS NEw HIRES PROPOSED To BE
IF SECTION3 RESIDENTS

AWARDED
BID

PROFESSIONALS
WILLBE P" OVIDED AF ER THE AWARD IS AN" OUNCED

CONSTRUCTION BY
TRADE
W6
OTHER --—
TOTAL --—---
EXHIBITB-6
°/oOF NEWHIRES TO BE
SECTION 3
25 Item Number: 11.

EXHIBIT 8-6

BIDDERCERTIFICATION FOR SECTION 3 COMPLIANCE
II. Subcontracting Opportunities
a. I understand and agree that for any and all subcontracting opportunities that may result from this CDBG-funded project, I will contact the US. Department of Housing and Urban Development (HUD) Section 3 website at www.hud.gov/section3 to review the list of certified Section 3 Businesses, within Riverside County, to be considered for available subcontracting opportunities prior to selecting any subcontractor for my bid submittal. YP Initial Here
I understand and agree that any and all sub-contracts and sub-tier agreements resulting from this CDBG-funded project are also subject to Section 3 compliance, and therefore, as the General/Prime Contractor, I am responsible to ensure compliance from all subcontractors. YP Initial Here
Contact the US. Department of Housing and Urban Development (HUD) Section 3 website at www.hud.gov/section3 to review the list of certified Section 3 persons, within Riverside County, to be considered for available employment opportunities; and HUD Section 3 Opportunity Portal at: https://hudapps.hud.qov/OpportunitvPortal/ L Initial Here
Forward to the Department of Housing & Workforce Solutions all detailed job descriptions for new employment opportunities and Section 3 reports, in a form, at a place, and at a time as directed by the Department of Housing &Workforce Solutions.

YP Initial Here
Present a list, of the number of total labor hours, Section 3 worker labor hours, and Targeted Section 3 worker labor hours expected to be generated from the initial contract and a list of projected number of available positions, to include job descriptions and wage rates.

YP Initial Here
Notify Section 3 Coordinator of contractor interests regarding employment of Section 3 workers prior to hiring.

YP Initial Here
Submit a list of core employees (including administrative, clerical, planning, and other positions pertinent to the construction trades) at the time of contact award.

YP Initial Here
Post available positions and advertise job Section 3 workers openings at:
www.rivco'obs.org
YP Initial Here
26 Item Number: 11.

Com Iete our Subcontractin- Plan for this ro'ect below:

IS THE SUBCONTRACTOR
SECTION3 ELIGIBLE?

YES OR NO

WILLBE PROVIDD AFTER THE A ARD IS ANNOUNCED
IF SUBCONTRACTOR IS SECTION3, INDICATE
ELIGIBLE STATUS.

AMOUNTOF
SUBCONTRACT($)
51% OWNER I 30% EMPLOYEE
* Add additional sheets if necessary
Bidder (Company) Name: USA CONSTRUCTIONLLC
Authorized Representative (Type Name): YESHU PURI
Signature: YMMM.4 _._ ______________ 11/26/2024
Date:
27 Item Number: 11.

Required Bid Form for
bids $200,000 or more
SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE

MUST BE COMPLETED BY ALL SUBCONTRACTORS
(Housing and Community Development Act of 1968)
Project Title: John H. Furbee Aquatic Center Improvements Subcontractor: NON-IDENTIFIEDAT THISTIME
USA CONSTRUCTION LLC Contractor/Bidder: ____________.——————-— The undersigned hereby certifies that helshe has read and understands Riverside County's Section 3 Affirmative Action Program as well as Section 3 of the Housing and Community Development Act of 1968, and further certifies adoption of, and adherence to, said program, and certifies understanding of the following for all prime construction contracts over $200,000:
a. I understand and agree that in the event that I am awarded a subcontract, and in the event that any new employment opportunities are created as a result of this CDBG—fundedproject, I will contact the U.S. Department of Housing and Urban Development (HUD) Section 3 website at www.hud.gov/section3 to review the list of certi?ed Section 3 persons, within Riverside County, to be considered for available employment opportunities; YP Initial Here
b. I willforward to the Department of Housing & Workforce Solutions all detailed job descriptions and Section 3 reports, in a form, at a place, and at a time as directed by the Department of Housing &Workforce Solutions.

YP Initial Here
28 Item Number: 11.

EXHIBITB-10
Complete your proposed workforce plan for this project below:

NUMBEROF
CURRENT NEW HIRES NUMBEROF NEWHIRES % OF NEWHIRES TO BE

JOB CATEGORY PROPOSED TO BE
POSITIONS IFAVIQISDED SECTION3 RESIDENTS SECTION 3

PROFESSIONALS

NON-IDEN IFIEDATTHI- TIME

TECHNICIANS

CONSTRUCTION BY
TRADE
-

APPRENTICE
-

TRAINING
OTHER --_
TOTAL
Subcontractor (Company) Name: NON-IDENTIFIEDATTHISTIME
Authorized Representative (Type Name): YESHU PURI
Signature: N
Date; 11/26/2024
29 Item Number: 11.

EXHIBIT3-?
Required Bid Form

COUNTYOF RIVERSIDE

CDBG PROGRAM
BIDDERCERTIFICATION0N

FEDERAL CONTRACTREQUIREMENTS
PROJECT NAME:w
CERTIFICATION:

I hereby certify that I have reviewed and understand the diversi?ed Federal construction contract related requirements imposed on the Contractor(s) of HUDfunded construction projects, including but not limitedto the following:

1. The subject project is being ?nanced with Community Development Block Grant funds (24 CFR Part 570);

2. This project and all related construction contracts are subject to the US.

Department of Housing and Urban Development’s Federal Labor Standards PrdvisiOns(HUD4010 — revised 06/2009); and

3. This project is subject to all applicable laws and regulations as listed in the General Summary of these Special Federal Provisions; and

4. if my bid is $200,000 or more, this project and all related contracts willsubject to Section 3 requirements (12 U.S.C.1701u).

Contractor's Name: USA CONSTRUCTIONLLC
Contractor’s License No.: 1015575 (C53)
Address: 1595 PEACHTREE PKWYSUITE 204-344 CUMMING, GA
Authorized Representative (Type Name): YESHU PUR'
Signature: 2mg
Date: 11/26/2024
30 Item Number: 11.

W
Required Bid Form

QUESTIONNAIREREGARDING BIDDERS
Bidder has been engaged in the contracting business under the present name of USA CONSTRUCTION LLC , since 2014 (Date).
present business address is; 1595 PEACHTREE PKWYSUITE 204-344 CUMMING, GA Federal Tax ID: 83-3599409 Amount of Bid $ $1.058.680
California Contractor's License No.: 1015575 Expiration Date: 6/30/2025 DUNS Number: 117524685 or CAGE Code:

Because this project is Federally-funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The US. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors.

A minority enterprise is de?ned by the Federal Government as a business that is ?fty-one percent (51%) or more “minority-owned”. Please check applicable box concerning the ownership of your business:

D American Indian or Native Alaskan
Asian or Paci?c Islander/Native Hawaiian
CI Black/African American
Cl Hispanic YK White
El Hasidic Jews
Cl Other
A woman-owned enterprise is de?ned by the Federal Government as a business that is ?ftypercent (50%) or more woman-owned. Please check applicable box concerning the ownership of your business:
[I] Woman/Female owned E/Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than ?fty-one percent (51%) owned by a low or very low-income person, or a business concern that provides economic opportunities to low and very low-income residents. Please check applicable box concerning the ownership of your business:

D Section 3 Business concern [Q/Non-Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law. 31 Item Number: 11.

SAMPLE PUBLIC WORKSCONSTRUCTIONAGREEMENT
32 Item Number: 11.

PUBLICWORKS CONSTRUCTIONAGREEMENT

BY AND BETWEEN

THE CITYOF DESERT HOT SPRINGS
AND
THIS PUBLIC WORKS CONSTRUCTIONAGREEMENT (“Agreement”) is made and entered into this day of , 20__, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as "City," and , a
, hereinafter referred to as "Contractor."

RECITALS
WHEREAS, the City desires to retain Contractor, on an independent contractor basis, to perform [INSERT BRIEF DESCRIPTION OF SERVICES] as more particularly described below; and
WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUALPROMISES AND

RELEASES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. Incorporation by Reference
The foregoing recitals are hereby expressly made a part of this Agreement as though fullyset forth herein.

2. ProiectInformation.
0 Location: as depicted in Contractor’s proposal dated
, 20—, and attached hereto and incorporated herein as Exhibit “A” ("Scope of Services” or sometimes "Project”). In the event any con?ict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede. 0 Project description, including signi?cant materials to be used and equipment to be installed: , in the City of Desert Hot Springs,
California, as set forth in the Scope of Services.
0 License classi?cation applicable to Project:
33 Item Number: 11.

0 Approximate start date:
. Approximate completion date:
0 Substantial completion of work evidenced by: Inspection and approval by City Staff.
o It is expressly agreed that except for extensions of time duly granted by the City, in writing, time shall be of the essence.
o The parties agree that the specifications, standards, and procedures set forth in the 2021 Greenbook: Standard Specifications for Public Works Construction (“Greenbook") shall govern the completion of the Project, and to such extent the Greenbook is incorporated herein by this reference; provided, however, in the event any conflict exists between this Agreement and the Greenbook, this Agreement shall supersede unless otherwise required by law.

3. Contractor Information
0 Address:
6 License Number:

4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, until expiration of the term of this Agreement as de?ned in Section 9, commercial general liability insurance of not less than One MillionDollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clari?cation with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period.
b. Contractor shall further procure and maintain at its own expense, until expiration of the term of this Agreement as de?ned in Section 9, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its of?cers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.

0. Unless Contractor has no employees and is exempt from worker’s compensation requirements, Contractor shall further procure and maintain at its expense, until expiration of the term of this Agreement as de?ned in Section 9, workers' compensation insurance providing coverage as required by the California State 34 Item Number: 11.

Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Contractor agrees to waive its statutory immunity under any workers’ compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Project to do the same.

Worker’s Compensation Insurance:
0 Contractor has no employees and is exempt from workers’ compensation requirements.
o Contractor carries workers’ compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an “A”policyholder’s rating or better and a ?nancial rating of at least Class VII,in accordance with the current Best’s Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or their of?cers, employees, servants, volunteers, agents and independent contractors.

5. Insurance Documentation
a. Contractor shall provide certi?cates of insurance with original endorsements to the City as evidence of the insurance coverage required herein.

Certi?cates of such insurance shall be ?led withthe City on or before commencement of performance of this Agreement. Contractor shall ensure that the most current 35 Item Number: 11.

certi?cation of insurance shall be delivered to and retained by the City at all times until expiration of the term of this Agreement as de?ned in Section 9. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the comprehensive general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its of?cers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full bene?t of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the bene?ts conferred upon them other than policy limitsto coverages.
c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and their of?cers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or non-renewed by either party, or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with at least thirty (30) days prior written notice of said cancellation, non-renewal, or reduction, with the exception that only ten (10) days prior written notice shall be required in the event of cancellation for nonpayment of premium.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and their of?cers, employees, servants, volunteers, agents and independent contractors.

6. Security
a. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a payment bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “,”Bin an amount equal to Dollars and No Cents ($ ), as security of the payment of all persons performing labor and furnishing materials in connection with this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a ?nancial rating of Class V, or better, in accordance with the current Best's Rating.
b. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a performance bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “,"C or deposit an amount with the City equal to Dollars and No Cents ($ ), as security for the faithful performance of this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States 36 Item Number: 11.

Treasury Department, and have an "A" policyholder's rating and a ?nancial rating of Class V, or better, in accordance with the current Best's Rating. c. The surety on any and all bonds and the form thereof shall be satisfactory to the City Attorney.
d. The payment bond shall remain in force and shall not be released until at least seven (7) months after the date of recordation of the Notice of Completion or Notice of Acceptance, whichever occurs ?rst. The performance bond shall remain in force until at least (1) year after the date of ?nal acceptance of the Project, unless the City determines, in its sole and absolute discretion, to release the Performance Bond earlier and noti?es Contractor of the same in writing.

7. Compensation; Payments
a. Contractor shall be paid compensation not to exceed
Dollars and No Cents ($ ) for the services rendered by
Contractor pursuant to this Agreement, including profit, labor and materials, in accordance with the Scope of Services.
b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount speci?ed in the invoice within 30 days of receipt by the City, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.
c. Pursuant to Public Contract Code section 9203, the City shall retain no less than ?ve percent of the compensation to be paid to Contractor which shall be released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.

8. Extra Work and Change Orders
Extra work and change orders shall become a part of this Agreement once the extra work or change order is approved in writingand signed by the City and Contractor, prior to the commencement of any extra work or change in work covered by the change order. The City’s form change order shall be used for both extra work and a change in work. The change order must describe the scope of the extra work or change in work, and the cost to be added or subtracted from this Agreement. The City shall not require Contractor to perform any extra work or a change in work without written authorization.

A change order shall not be enforceable against the City unless the change order complies with this provision.

9. Term
Contractor willperform the services set forth in the Scope of Services and in any approved change orders pursuant to section 1 of this Agreement, the term of which shall commence as of , and shall expire one (1) year following the 37 Item Number: 11.

City's acceptance of the Project pursuant to this Agreement, or upon release of the Performance Bond in accordance with Section 6.d. of this Agreement, whichever occurs ?rst.

10. Independent Contractor
Contractor shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor, and hereby waives any claims for any compensation or bene?ts afforded to City employees and not to independent contractors.

11. Civil Code Section 1542 Waiver
a. Contractor expressly waives any and all rights and bene?ts conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“Ageneral release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." b. This waiver shall be effective as a bar to any and all actions, fees, damages, losses. claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlementsunder the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Contractor further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a quali?ed attorney before executing this Agreement.

Initials

12. Acceptance of Work
Acceptance of the Project shall be by action of the City Council or its designee.

Neither the acceptance nor prior inspections or failure to inspect shall constitute a waiver by the City of any defects in the Project. From and after acceptance, the Project shall be owned and operated by the City. As a condition to acceptance, Contractor shall certify to the City in writing that all of the Project performance has been performed in strict conformity with this Agreement and that all costs have been paid, satisfactory to the City, guaranteeing such performance.

13. Warranty
a. In addition to Contractor's other obligations under this Agreement, Contractor warrants all work and materials to be of good quality and ?t for the purpose and intended use for a duration that shall continue until expiration of the term of this Agreement as described in Section 9, or the longest period permitted by law, whichever 38 Item Number: 11.

is later. If any defects in materials or workmanship become evident prior to expiration of the warranty granted in this Section, the Contractor shall, at its own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the this Agreement. Contractor shall also repair, replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which the City by reason of such defects reasonably suspects may also be defective. In the event of a failure to commence with the compliance of above-mentioned conditions within seven (7) calendar days after being noti?ed in writing or failure to diligently pursue such compliance to completion, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of Contractor who hereby agrees to pay the cost and charges therefor immediately on demand.
b. If, in the opinion of the City, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to the City or to prevent interruption of operations, the City shall attempt to give the Contractor notice.

If Contractor cannot be contacted or does not comply with the City’s request for correction within a reasonable time as determined by the City, the City may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against Contractor, who agrees to make payment for said costs upon demand. Corrective action by the City willnot relieve Contractor or Contractor's sureties or insurers of the guarantees and indemnities of this Agreement.

0. This section does not in any way limitthe City’s remedies available under the law, or the guarantee or warranty on any items for which a longer guarantee is speci?ed or on any items for which a manufacturer or supplier gives a longer guarantee or warranty period. Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantees or warranty certi?cates upon completion of the Project. No manufacturer's guarantee period shall in any way limitthe liabilityof Contractor or Contractor's sureties and insurers under the indemnity or insurance provisions of this Agreement.

14. Indemnification
a. Contractor shall defend, indemnify and hold harmless the City, their of?cers, of?cials, agents, employees, volunteers, the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, of?cers, Board of Supervisors, elected and appointed of?cials, employees, agents and representatives from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) arising out of the performance of this Agreement, except for any such claim arising out of the sole or active negligence or willful misconduct of the City, or their of?cers, agents, employees or volunteers.
b. If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its of?cers, of?cials, employees, agents and volunteers to the same extent as Contractor is required in the preceding paragraph.
39 Item Number: 11.

c. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certi?cate required pursuant to this Agreement. The hold harmless, indemni?cation and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. d. Notwithstanding the foregoing provisions of this section, Contractor shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Contractor’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Contractor’s control, or for which Contractor is without fault.
e. This section shall survive termination or expiration of this Agreement.

15. Default
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that ifthe party who is othenrvise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within ?fteen days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as speci?ed herein.

0. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than ?fteen days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

16. Licenses Certifications and Permits
Contractor represents that it has obtained and willmaintain at all times during the term of this Agreement all professional and/or business licenses, certi?cations and/or permits necessary for performing the services described in this Agreement.

17. Labor LawsIPrevailing Wages
40 Item Number: 11.

a. All work or services performed within the State of California pursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America. b. Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant ("person”) for employment because of race, denial of family and medical care leave, religious creed (including religious dress and grooming practices), color; national origin (including language use restrictions), ancestry, physical disability or mental disability (including HIV and Aids), medical condition (cancer and genetic characteristics), genetic information, military or veteran status, marital status, gender, gender identity, gender expression, sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), age or sexual orientation.

Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

0. Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code"), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations‘ Internet website at http://www.dir.cwv/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 17732 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any. aware of the determination. As the wage determination for each craft re?ects an expiration date, it shall be the Contractor's responsibility to ensure that the prevailing wage rates of concern are current and paid.

Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit t0 the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general prevailing rate of wages herein referred to and stipulated for 41 Item Number: 11.

any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Contractor and any and all or its subcontractors shall forfeit to the City twenty-?ve dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 of the Labor Code. In the event the total cost of the Project is thirty thousand dollars ($30,000.00) or more, Contractor shall further comply with provisions set forth in Labor Code Section 1777.5 pertaining to employment of properly registered apprentices, including without limitation the obligation to (i) pay employed apprentices the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of craft or trade to which he or she is registered; (ii) employ apprentices in at least the ratio as set forth in said section; (iii)submit contract award information to an applicable apprenticeship program; and (iv) contribute to California Apprenticeship Council.
d. Contractor and all subcontractors hired to perform any work under the Project shall keep accurate payroll records, includingthe name, address, social security number, work classi?cation, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement ("DLSE”)or in a manner containing the same information as the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be veri?ed by written declaration made under penalty of perjury, that the information contained in the records is true and correct. Contractor and any and all subcontractors shall make a certi?ed copy of all payroll records available for inspection by DLSE, the City or any member of the public and othenlvise provide certi?ed copies of such records to any of the foregoing within ten (10) days of Contractor’s and subcontractor's receipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h). e. Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors and subcontractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be quali?ed to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. The Project is subject to compliance monitoring and enforcement by the Department of industrial Relations. In accordance with Section 3700 of the Labor Code, Contractor must secure payment of compensation to all Contractor’s employees. Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.
42 Item Number: 11.

18. Notices
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: Public Works Director
City of Desert Hot Springs
11-999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
To Contractor:
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

19. Additional Federal Reguirements
Whereas the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and 2 CFR Part 200. Contractor, sub-contractors, Consultants, and sub-consultants agree to comply with, and are subject to, all applicable reguirements as follows:

A. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant willnot discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Contractor/Consultant will ensure that all quali?ed applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take af?rmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race color, religion, sex, or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place, available to 43 Item Number: 11.

employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.

B. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 US. C. 2760: All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback"Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall 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 is othenNise entitled. The recipient shall report all suspected or reported violations to HUD.

C. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages speci?ed in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.

D. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333:

Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327—333),as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek.

Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall 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.

E. Rights to Inventions Made Under a Contract or Agreement— Contracts or 44 Item Number: 11.

agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by HUD.
. Rights to Data and Copyrights — Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal AcquisitionRegulations (FAR). . Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUDand the Regional Of?ce of the Environmental Protection Agency (EPA).
. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)——Contractors who apply or bid for an award of $100,000 or more shall ?le the required certification. Each tier certi?es to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for in?uencing or attempting to in?uence an of?cer or employee of any agency, a member of Congress, of?cer 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. Each tier shall also 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 recipient.

Debarment and Suspension (E.0.3 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or othen/vise excluded by agencies, and contractors declared ineligible under statutory or regulatory authoriwother than E.O. 12549.

Contractors with awards that exceed the small purchase threshold shall provide the required certi?cation regarding its exclusion status and that of its principal employees.
. Drug-Free Workplace Requirements—The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. Each potential recipient must certify that it willcomply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.
45 Item Number: 11.

K. Access to Records and Records Retention: The Consultant or Contractor, and any sub-consultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a speci?c program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Allsuch books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

L. Federal Employee Bene?t Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any bene?t to arise from the same.

M. Energy Efficiency: 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 (Pub. L. 94A 163, 89 Stat. 871).

N. Procurement of Recovered Materials (2 CFR 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 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding ?scal year exceeded $10,000; procuring solid waste management serviées in a manner that maximizes energy and resource recovery; and establishing an af?rmative procurement program for procurement of recovered materials identi?ed in the EPA guidelines.

20. General Conditions
a. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
46 Item Number: 11.

b. Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. c. Cumulative Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party. d. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. e. Litigation Expenses and Attorneys Fees In the event any action, suit or proceeding Is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.

9. Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Contractor. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. h. Con?icts of Interest. Contractor covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would con?ict in any manner with the performance of Contractor’s services under this Agreement. In the event the City of?cially determines that Contractor must disclose its ?nancial interests by completing and ?ling a Fair Political Practices Commission Form 700, Statement of Economic interests, Contractor shall ?le the subject Form 700 with City Hall, as specified under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City.
i. Termination. This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days' written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. 47 Item Number: 11.

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48 Item Number: 11.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date ?rst written above.

CITYOF DESERT HOT SPRINGS
Frank Luckino, City Manager By Its:

ATTEST:

Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:

Tuan- Anh Vu, CityAttorney
"N:\DHSO\0008-01 Public WorksiForms\5001 - Public Works Construction Agreement Prevailing Wage with Bonds (8.3.17).docx"
49 Item Number: 11.

EXHIBIT“A”

SCOPE OF SERVICES

SEE ATTACHED PROPOSAL
DATED 11/26/2024
50 Item Number: 11.

EM?BW“B”

PAYMENTBOND
See Post Contract Award Forms
51 Item Number: 11.

EXHIBIT“C”

PERFORMANCE BOND
See Post Contract Award Forms
52 Item Number: 11.

EXHIBIT“D”
HOLD HARMLESS/INDEMNIFICATION— RIVERSIDE COUNTY
Hold Harmless/Indemni?cation
CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, of?cers, Board of Supervisors, elected and appointed of?cials, employees, agents and representatives(individually and collectively hereinafter referred to as Indemnitees) from any liability, action, claim or damage whatsoever, based or asserted upon any services of CONTRACTOR, its of?cers, employees, subcontractors,agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature. CONTRACTORshall defend, at its sole expense, all costs, and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemniteesin any claimor action based upon such alleged acts or omissions.

With respect to any action or claim subject to indemni?cation herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’S indemni?cation to Indemniteesas set forth herein.

CONTRACTOR’S obligation hereunder shall be satis?ed when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

The speci?ed insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’S obligations to indemnify and hold harmless the Indemniteesherein from third party claims.

Insurance
Without limiting or diminishing the CONTRACTOR'S obligation to indemnify or hold the COUNTY harmless,CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement.

As respects to the insurancesection only, the COUNTY herein refers to the County of Riverside, its Divisions, and Departments, their respective directors, of?cers, Board of Supervisors, Directors, employees, elected or appointed of?cials, agents, or representatives as Additional Insureds.

A. Workers’ Compensation:

If the CONTRACTOR has employees as de?ned by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the COUNTY.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodi?ed contractual liability, products and completed operations liability, personal 53 Item Number: 11.

and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then CONTRACTOR shallmaintainliability insurance for all owned, non-owned, or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.

D. Professional Liability Contractor shall maintain ProfessionalLiability Insurance providing coverage for the Contractor’s performance of work includedwithin this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage ?om new insurerwith a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certi?cates of Insurance that CONTRACTOR has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2), or 3) will continue as long as the law allows.

E. General Insurance Provisions - All lines:
1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of Californiaand have an A M BEST rating of not lessthan A: VIII (Az8) unless such requirements are waived, in writing, by the COUNTY Risk Manager. If the COUNTY’SRisk Manager waives a requirementfor a particular insurersuch waiver is only valid for that speci?c insurer and only for one policy term.
2) The CONTRACTOR must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Agreement. Upon noti?cation of self-insured retention unacceptable to the COUNTY, and at the election of the COUNTY’S Risk Manager, CONTRACTOR’S carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration,and defense costs and expenses. 3) CONTRACTOR shall cause CONTRACTOR’S insurance carrier(s) to furnish the COUNTY with either 1) a properly executed original Certi?cate(s) of Insurance and certi?ed original copies of Endorsementseffecting coverage as required herein, and 2) if requested to do so orally or in writing by the COUNTY Risk Manager, provide original Certi?ed copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certi?cate(s) and policies of insurance shall contain the covenant of the 54 Item Number: 11.

insurance carrier(s) that thirty (30) days written notice shall be given to the COUNTY prior to any materialmodi?cation, cancellation,expiration or reduction in coverage of such insurance.In the event of a material modi?cation, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the COUNTY receives, prior to such effective date, another properly executed original Certi?cate of Insurance and original copies of endorsements or certi?ed original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in ?lll force and effect.

CONTRACTOR shall not commence operationsuntil the COUNTY has been furnished original Certi?cate (8) of Insurance and certi?ed original copies of endorsements and if requested, certi?ed original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier shall sign the original endorsementsfor each policy and the Certi?cate of Insurance. 4) It is understood and agreed to by the parties hereto that the CONTRACTOR’S insuranceshall be construedas primary insurance, and the COUNTY'S insurance and/or deductibles and/or selfinsuredretention’s or self-insuredprograms shall not be construedas contributory. 5) If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds ?ve (5) years; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the COUNTY Risk Manager's reasonable judgment, the amount or type of insurance carried by the CONTRACTOR has become inadequate.
6) CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractorsworking under this Agreement.
7) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptableto the COUNTY.
8) CONTRACTOR agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. 55 Item Number: 11.

AFFIDAVITFOR CORPORATION BIDDER

STATE OF GEORGIA
ss

COUNTY OF FULTON

YESHU PURI
, being ?rst duly sworn,
deposes and says:

That he IS PROJECT MANAGER Of,

USA CONSTRUCTIONLLC
a corporation which is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.

Signature
Subscribed and sworn (af?rmed)
to before me this
26 day of NOVEMBER , 20 24
Item Number: 11.

BIDDER’SBOND

KNOWALLMEN BYTHESE PRESENTS, THATWE,
MIKEPRICE INDIVIDUALSURETY as surety, are he|d and firmly bound unto the City of Desert Hot Springs, hereinafter “City”in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said CITY or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, ?rmly by these presents.

In no case shall the liabilityof the surety hereunder exceed the sum of $ 105,868 One Hundred Five Thousand Eight Hundred Sixty-Eight Dollars

THE CONDITIONOF THIS OBLIGATIONIS SUCH,
That whereas the principal has submitted the above mentioned bid to the City of Desert Hot Springs for certain construction specifically described as follows, for which bids are to be opened at Desert Hot Springs City Hall on December 10, 2024 for John H. Furbee Aquatic Center Improvements.

NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the speci?cations, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid proposal, and ?les the two bonds with the City of Desert Hot Springs, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be ?xed by the court. 60 Item Number: 11.

IN WITNESS WHEREOF, we have hereunto set our hands and sealsonthis _¥_6_____dayof__N_Q_V_EMEE_E_____, 202_4 :..

USA CONSTRUCTION LLC ‘ i :E
,_

MIKEPRICE INDIVIDUALSURETY
’ "
SURETY
8725 ROSWELLRDSTE H SANDYSPRINGS, GA303(ifSeal)

ADDRESS
NOTE: Signatures of those executing for the surety must be properly acknowledged. 61 Item Number: 11.

Item Number: 11.

CERTIFICATION OF NON-DISCRIMINATIONANDAFFIRMATIVEACTION As suppliers of goods or services to the City of Desert Hot Springs, the ?rm listed below certi?es that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all Federal, State, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an af?rmative course of action as required by the af?rmative action guidelines.

We agree speci?cally:

1. To establish or observe employment policies which af?rmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take af?rmative steps to hire minority employees within the company.

FIRM USA CONSTRUCTION LLC
TITLEOF OFFICER Sl www—
SIGNATURE y7 DATE 11/26/2024
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
62 Item Number: 11.

CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR

SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF

REQUIRED REPORTS
The bidd r USACONSTRUCTIONLLC, proposedsubcontractor hereby certi?es that he has ,has not ,participatedin a previous contract or subcontract subject to the Equal Opportunity Clause, as requiredby Executive Orders 10925, 11114 or 11246, and that he has _,\/ has not _, ?led with the Joint Reporting Committeethe Director of the of?ce of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable ?ling requirements.

USACONSTRUCTIONLLC
(COMPANY) By?g QM

PROJECT MANAGER
(TITLE)
DATE: “/26 , 20_24_. NOTE: The above certi?cation is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1] (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-15. (Generally only contracts or subcontracts of $10,000 or under are exempt).

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not ?led the required reports should note that 41 CFR 60-1] (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period speci?ed by the Federal Highway Administration or by the Director, Of?ce of Federal Contract Compliance, US. Department of Labor.
63 Item Number: 11.

NON-COLLUSIONAFFIDAVIT
The undersigned in submitting a bid proposal for performing the following work by contract, being duly sworn, deposes and says:

That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or othenNise taken any action in restraint of free competitive bidding in connection with such contract.

C
All project work and incidental items to complete the project shall be performed in accordance with the plans, speci?cations, and other provisions of the contract. Allthe above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition. :gignature of Bidder
1595 PEACHTREEPKWYSUITE204-344
Business Address
CUMMING,GA,30041
Place of Business
Subscribed and sworn (af?rmed) to before me this 26 day of NOVEMBER , 20A v ” ‘*»Ei;é§-§-{?6’o\:’r,’ Notary Public in and for the County of FULTON Q *2th 9%‘9 ____________, State of GEORGIA
g:My commission expires $7973" , 20i? ‘/
64 Item Number: 11.

COUNTYOF RIVERSIDE
Housing & Workforce Solutions (HWS)

SPECIAL FEDERAL PROVISIONS

CONSTRUCTION BID DOCUMENT
Projects Over $200,000
Community Development Block Grant
Construction Activities
65 Item Number: 11.

SPECIAL FEDERALPROVISIONS

DOCUMENTINDEX
general Information

1. General Summary

2. Hold Harmless Clause and Additional Insured-Insurance Requirements

3. 8-1 Federal Labor Standards Provisions (HUD 4010)

4. 8-2 Federal Prevailing Wage Decision (CA Mod. _)

5. 8-3 Project Sign (SAMPLE)

6. 8-5 County of Riverside Section 3 Program Overview (Applicablefor Projects $200,000 or more)

7. Additional Federal Requirements
Bid Forms

8. 3-4 Certification of Bidder Regarding Non-Segregated Facilities (Required for all Projects)

9. 8-6 Section 3 Implementation Plan (Required for Projects $200,000 or more)

10. 8-7 Certification for Section 3 Compliance (Required for Projects $200,000 or more)

11. 8-8 Bidder’s Certification on Federal Contract Requirements (Required for all Projects)

12. 3—8Questionnaire Regarding Bidders (Required for all Projects)

13. 8-10 List of Subcontractors and Suppliers (Required for all Projects) Must be completed by all Subcontractors

14. 8-6 Section 3 Implementation Plan (Required for Projects $200,000 or more)

15. B-7Certification for Section 3 Compliance (Requiredfor Projects $200,000or more) Post-Award Egrms

16. PA-1 Performance Bond (100% of contract price) (Required for Projects $200,000 or more)

17. PA-2 Payment Bond (Required for Projects $200,000 or more)

18. PA-3 Subcontractor Questionnaire (Required for all Projects)

19. PA—4Subcontractor Certification Regarding Non-segregated Facilities (Required for all Projects)

20. PA-5 List of Permanent Employees/Section 3 Worker Employer Certification (Required for Projects $200,000 or more)

21. PA-6 Documentation of Qualitative Efforts (Required for Projects $200,000 or more)

22. PA-7 Davis-Bacon Classifications and Pay Rates (Required for all Projects) 66 Item Number: 11.

GENERAL SUMMARY
The following Federal Provisions and the attached exhibits herewith become binding on the contractor(s) and incorporated in the Bid Document in their entirety.

1. The Contractor and the Subcontractor(s) shall perform all work in accordance with the project plans and specifications, including all stipulations designed to meet diversified Federal Environmental Architectural, the Architectural Barriers Act of 1968, as amended; the Americans with Disabilities Act of 1990, Public Law 101—336,as amended.

2. The Contractor and the Subcontractor(s) shall allow all authorized Federal, State Comptroller, and/or County officials access to the work area, fiscal, payroll, materials and other relevant contract records which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Allrelevant records must be retained for at least four years.

3. The Contractor and the Subcontractor(s) shall comply with the Lead Based Paint Poisoning Prevention Act and the Implementation Regulations (24 CFR 35) issued pursuant thereto and any amendments thereof.

4. The Contractor and the Subcontractor(s) shall comply with Section 503 of the Rehabilitation Act of 1973 (P.L. 93-112) and the Implementation Regulations (41 CFR 60-741) issued pursuant thereto and any amendments thereof.

5. The Contractor and the Subcontractor(s) shall comply with Section 40-2, Vietnam Era Veterans Adjustment Assistance Act of 1974 and the Implementation Regulations (41 CFR 60- 250) issued pursuant thereto and any amendment thereof.

6. The Contractor and the Subcontractor(s) shall comply with the Title IVof the Civil Rights Act of 1964 and the Title VIIIof the CivilRights Act of 1963 and any amendment thereof.

7. For projects $200,000 or over, the Contractor and the Subcontractor(s) shall comply with Clean Air Act of 1963 (P.L. 90—148) and the Federal Water Pollution Act (P.L. 92-500), as amended and all applicable standards or regulations (40 CFR Part 15 and 61) issued pursuant to the said acts.

8. For projects $2,000 or over, the Contractor and the Subcontractor(s) shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a—276 a-5), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and any amendments thereof.

Pursuant to the said regulations, Exhibit B-] and B-2 entitled “Federal Labor Standards Provisions” and “Federal Prevailing Wage Decision” respectively are herewith attached.

9. The Contractor and Subcontractor(s) shall comply with the Copeland Anti-Kickback Act (40 USC 276 C) and the Implementation regulations (29 CFR 3) issued pursuant thereto and any amendments thereof. ExhibitB-J contains the key provisions of the said act.

Item Number: 11.

10. For construction projects $2,000 or over, or other projects $2,500 or more which utilize mechanics or laborers the Contractor and the Subcontractor(s) shall comply with the Contract Work Hours and Safety Standards Act (40 USC 327- 332) and the implementation Regulations (29 CFR 5) issued pursuant thereto and any amendments thereof. E..l11tzi1_B:1 contains the key provisions of the said act.

11. For projects $25,000 or over the Contractor shall provide one sign board to be located as directed by the owner. The sign board shall be mounted in an acceptable manner and constructed as shown and specified in Exhibit? Additional information can be added to the project sign at the request of the project sponsor.

12. The Contractor shall comply with all laws, ordinances, and regulations applicable to the work.

If the Contractor ascertains at any time that any of the requirements of the contract are at variance with applicable law, ordinances, regulations or building code requirements, he shall promptly notify the owner and the Executive Director of Riverside County's Department of Housing &Workforce Solutions and shall not proceed with the work in question, except at his own risk, until the owner and the said Director has had an opportunity to determine the extent of the responsibility for the variance and the appropriate corrective actions undertaken.

13. The Contractor must complete and execute the attached Certification of Bidder Regarding Segregated Facilities Exhibit 8-4 and submit with the bid.

14. Wherever applicable, the Contractor and the Subcontractor(s) shall comply with, Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments, 24 CFR Part 85 or Uniform Requirements for Assistance to State and Local Governments, Circular A-102; Whichever is applicable.

15. For projects $200,000 or over the Contractor shall furnish to the owner, a Performance bond, 8 Payment bond, and Materials Bond executed as surety by a corporation acceptable to the owner and authorized to issue surety bonds in the State of California. Such a performance bond and a payment bond and materials bond shall be for one hundred percent (100%) of the total contract price. (Attached herewith are recommended formats for said bonds, 55mm PA-1 and PA—2,

16. The Contractor and the Subcontractor(s) shall comply with Section 3 of The Housing and Community Development Act of 1968 and the regulations (24 CFR Part 75) issued pursuant thereto and amendments thereof. Pursuant to the said act, the Contractor and the Subcontractor(s) shall comply with the attached County of Riverside Section 3 Implementation Plan mg, 8-6, and PA—6.The Contractor and Sub-contractor(s) must submit ExhibitB-?, for all projects over $200,000, as part of the bid package.

17. The Contractor and Sub-contractor(s) must submit the attached, ExhihiLB;8_. certification that “he/she fully understands the diversified Federal requirements imposed on the Contractor(s) and Sub-contractor(s) of HUD funded construction projects”, as part of the bid package.

S:\CDBG\CONSTRUCTION\GencralSummary of SPECIALFEDERALPROVISIONS.docSPEClALFEDERAL PROVISIONS Item Number: 11.

18. 19.

20. 21.

22. 23.

24. 25.

26. Wherever applicable, the Contractor and the Sub-contractor(s) shall comply with Section 109 of The Housing and Community Development Act of 1974 and the Implementation Regulations (24 CFR 570.601) issued pursuant thereto and any amendments thereof.

For projects $200,000 or over the Contractor shall submit a Bid Guarantee Bond in an amount no less than 5% of the total contract price, along with the bid.

The Contractor and Sub-contractor(s) shall comply with the Section 3 Reporting Requirements by completing the attachment Wentitled, "Certification for Section 3 Compliance,” and submit with bid for all projects $200,000 and over.

Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

The Contractor must submit QuestionnaireRegarding Bidders Exhibit B-9 and List of Sub— contractors Exhibit??? as part of the bid package. These forms are considered part of the Federal Contracting Requirements and are included in the bid document. Both documents are required to be completed by the Prime Contractor.

The Contractor shall follow 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 (Pub. L. 94-163, 89 Stat. 871). [ 53 FR 8068,8087, Mar. 11, 1988, as amended at 60 FR19639.19642, April 19, ‘1995] Contractor must comply with awarding agency (HUD) requirements and regulations pertaining to copyrights and rights in data.

Contractor will comply with Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.

Contractor will comply with notice of awarding agency requirements and regulations pertaining to reporting.

S:\CDBG\CONSTRUCTION\Gcncral Summary of SPECIALFEDERAL PROVISIONS.docSPECIALFEDERAL PROVISIONS Item Number: 11.

HOLD HARMLESS CLAUSE/INSURANCE REQUIREMENTS
The following County of Riverside Hold Harmless and Insurance provisions herewith become binding on the contractor(s) in their entirety.

LDHAR E EMN F CAT ON
CONTRACTOR shall indemnify and hold harmless the
County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as lndemnitees) from any liability whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of CONTRACTOR, its officers, employees, subcontractors, agents or representatives lndemnitors from this Agreement.

CONTRACTORshall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the lndemnitees in any claim or action based upon such alleged acts or omissions.

With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’S indemnification to lndemnitees as set forth herein.

CONTRACTOR’S obligation hereunder shall be satisfied
when CONTRACTORhas provided to COUNTYthe appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’Sobligations to indemnify and hold harmless the lndemnitees herein from third party claims. in the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CONTRACTOR from indemnifying the lndemnitees to the fullest extent allowed by law.
lbLSJiBANQE
Without limiting or diminishing the CONTRACTOR’Sobligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional lnsureds.

A.Workers’ Compensation:

Previous editionsobsolete 70 Form HUD-4010, (10/2023)
ref. Handbook 1344.]
Item Number: 11.

If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.

B.C_QmmeLoial§_enemLLiabilltv;
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured.

Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.

C. MehicleLiability:

If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CONTRACTORshall maintain liability insurance for all owned, non—owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTYas Additional lnsureds.

OW
(ONLY TO BE INCLUDED IN CONTRACTS WITH SERVICE PROVIDERS INCLUDING BUT NOT LIMITEDTO ENGINEERS, DOCTORS, AND LAWYERS) Contractor shall maintain Professional Liability Insurance providing coverage for the Contractor’s performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTORshall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certi?cates of Insurance that Contractor has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2) or 3) will continue for a period of five (5) years beyond the termination of this Agreement.

E. W- AllLines:
a) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII(A:8) unless such requirements are waived, in writing, by the County Risk Manager. Ifthe County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.

Previouseditionsobsolete 71 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
Item Number: 11.

b) The Contractor’s insurance carrier(s) must declare its insurance deductibles or selfinsured retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of deductibles or self insured retention’s unacceptable to the County, and at the election of the Country’s Risk Manager, Contractor’s carriers shall either; 1) reduce or eliminate such deductibles or self-insured retention’s as respects this Agreement with the County, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
0) Contractor shall cause Contractor’s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not commence operations until the County has been furnished original Certificate (3) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. d) it is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County’s insurance and/or deductibles and/or self-insured retention’s or self-insured programs shall not be construed as contributory. e) The County’s Reserved Rights--lnsurance. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work (such as the use of aircraft or watercraft) the County reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage’s currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the Contractor has become inadequate. f) Contractor shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. g) The insurance requirements contained in this agreement may be met with a program(s) of self-insurance acceptable to the County.

Previous editionsobsolete 72 Form HUD-4010,(10/2023)
ref. Handbook1344.1
Item Number: 11.

EXHIBIT B-l
HUD-4010 US. Department of Housing
and Urban DevelopmentFederalLabor StandardsProvisions
Of?ce of Davis-Bacon and Labor Standards
A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the DavisBacon Act (40 U.S.C. 3141 (2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster (WH—1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:

1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; Previous editionsobsolete ' 73 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
Item Number: 11.

2. The classification is used in the area by the construction industry; and

3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR 5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and
Z. The classification is used in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAcoutomla?ceMgoL The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30—day period that additional time is necessaw.

D.ln the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance©dol,g0v, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30—day period that additionaltime is necessary.

E.The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker, or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. iv. Fringe benefits not expressed as an hourly rate
Previous editions obsolete 74 Form HUD-4010, (10/2023)
ref. Handbook 1344.1
Item Number: 11.