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HomeMy WebLinkAboutDiamond Bar Final Bid PackageEXPERIENCE STATEMENT To be responsive, the bidder must list below a minimum of three public agencies for which bidder has performed similar work within the past three years. Only projects in excess of $250,000 each qualify as similar for this project. 1. Project Title LOCAL STREET REHABILIATION PROGRAM Contract Amount I t312,987.00 Type of work STREET REPAIRS Client CITY OF NORWALK Agency Project Manager DAMIAN ROSALES Phone (5621929-5708 Date Completed OCTOBER 2023 % Subcontracted 0 2. Project Title OMNIBUS CONCRETE REPAIRS Contract Amount 3,700,000.00 Type of work REPLACEMENT OF DAMAGED AND DETERIORATED CONCRETE Client CITY OF SANTA ANA Agency Project Manager DANNY SWAIN PhonEDSWAINQSANTA-ANA.ORG Date Completed DECEMBER 2023 % Subcontracted 0 3. Project Title ON -CALL MAINTENANCE Contract Amount 922,984.78 Type of Work CONCRETE MAINTENANCE Client CITY OF IRVINE Agency Project Manager BILLY WALKER Phone NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. Bidder's Signature EL Each bidder shall possess a valid Contractor's License issued by the Contractor's State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than three (3) years of experience in the magnitude and character of the work bid. Bidder Qualifications called for to be submitted at time of bid include, but are not necessarily limited to: 1. The Contractor shall have been in business under the same name and California Contractors License for a minimum of three (3) continuous years prior to the bid opening date for this Project. The license used to satisfy this requirement shall be of same type required by the contract. 2. License classification shall be as required by the contract specifications. 3. The Contractor shall have three (3) years of experience in the construction of ADA compliant curb ramps and CDBG work. 4. The Contractor shall perform at least SOo of contract with its own forces. 16. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 and following). Forms for this purpose are furnished with the contract documents. The name and location of business of any subcontractor who will perform work exceeding 1/2 of 10 of the prime contractor's total bid or ten thousand dollars ($10,000.00), whichever is greater, must be submitted with the bid. Any other information regarding the foregoing subcontractors that is required by City to be submitted may be submitted with the bid, or may be submitted to City up to 24 hours after the deadline established herein for receipt of bids. The additional information must be submitted by the bidder to the same address and in the same form applicable to the initial submission of bid. 17. WORKER'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the City the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which require 11 compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The form of such certificate is included as part of the contract documents. 18. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, will be held for ninety (90) days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 19. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the agreement form provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the next lowest responsible bidder or re -advertise. On the failure or refusal of the lowest responsible bidder or next lowest responsible bidder to execute the Contract, such bidder's guarantees shall be likewise forfeited to the City. 20. "OR EQUAL": Pursuant to Division 5, Chapter 9, Article 4 (commencing at #9380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 21. EMPLOYMENT OF APPRENTICES: Attention is directed to Sections 1777.5, 1777.E and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 seq. to ensure compliance and complete understanding of the law regarding apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and 12 all subcontractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 22. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 23. WAGE RATES: The Contractor and/or subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, two hundred dollars ($200.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file with the Department of Industrial Relations, Division of Labor Statistics and Research. 24. PERMITS, FEES AND LICENSES: The Contractor shall possess a valid business license prior to the issuance of the first payment made under this Contract. Any work required within Caltrans right-of-way will require a separate permit to be obtained by the Contractor. 25. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of written "Notice to Proceed" of the City and to fully complete the project within thirty (30) working days thereafter. Bidder must agree also to pay as liquidated damages, the sum of seven hundred fifty dollars ($750.00) for each calendar day thereafter. 26. CLAIMS FILING AND PROCESSING: The City and Bidder agree to attempt to orally resolve any disputes which may give rise to a claim (hereafter, "Claim") that falls within the definition of Public Contract Code section 9204 (hereafter, "Section 9204"). If these efforts are unsuccessful, the City and Bidder shall process the Claim in accordance with Section 9204. In summary, if the Bidder decides to submit a Claim to the City, it shall be sent by registered or certified mail, return receipt requested, together with reasonable documentation to support the Claim. A Claim may include a Claim by a subcontractor or 13 a lower tier subcontractor meeting the requirements of Section 9204 (d) (5) . Within 45 days of receipt of the Claim, or any extension thereof agreed upon by the City and the Bidder, the City will conduct a reasonable review of the Claim and provide the Bidder with a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Payment of any undisputed portion of the Claim shall be made within 60 days after the City issues its written statement. If the City does not provide a written statement within the time specified, the Claim shall be deemed rejected. If the Bidder disputes the City's written statement or if the Claim is deemed rejected, the Bidder may demand in writing by registered or certified mail to the City, return receipt requested, an informal conference to meet and confer in an effort to settle the disputed portion of any Claim. Within 30 days of receipt of such written demand, the City shall schedule a meet and confer conference. If any portion of the Claim remains in dispute after the conference, the City shall, within 10 City business days of the conclusion of the conference, provide the Bidder with a written statement identifying any portion that remains in dispute and any portion that is undisputed. Payment of any undisputed portion shall be made within 60 days after the City issues its written statement. Any remaining disputed portion shall be submitted to nonbinding mediation in accordance with Section 9204(c)(2)(B), unless the Bidder and City waive the mediation upon mutual written agreement. 27. CONFLICT OF INTEREST: In the procurement of supplies, equipment, construction and services by sub -recipients, the conflict of interest provision including, but not limited to, 2 CFR part 200, Subpart B, 200.112, 24 CFR Part 570.611 and 24 CFR part 85, Section 85.36 (b), respectively, shall apply. No employee, officer or agent of the sub -recipient shall participate in selection or in award of administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 14 BIDDER'S PROPOSAL CITY OF DIAMOND BAR AREA 5 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602671-24 CIP PROJECT NO, S1254 Date FEBRUARY 25 , 20 25 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: CJ CONCRETE CONSTRUCTION, INC. JOHN C. SARNO - PRESIDENT JOHN C. SARNO -SECRETARY JOHN C. SARNO -TREASURER (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 -partnership, give the name, under which the co -partnership does 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 proposal is made without collusion with any person, firm 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 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 Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. is (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (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 estimates and that the unit prices will apply to the actual quantities whatever they may be. Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of F)I d Powd DOLLARS ($ N O W ) . Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten (10) days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar; but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. 10142 SHOEMAKER AVE. Address of Bidder SANTA FE SPRINGS, CA 90670 City Zip Code (562)777-2222 Telephoneof dder Si nature of Bidder BID SCHEDULE CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS AREA 5 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO, 602671-24 CIP PROJECT NO, SI254 BID SCHEDULE ITEM EST. DESCRIPTION UNIT N0. QUANT. UNIT WRITTEN IN WORDS PRICE AMOUNT CONSTRUCTION STAKING AND SDU U J"OO w 1 1 LS MONUMENT PRESERVATION REMOVE EXISTING IMPROVEMENTS AND CONSTRUCT CURB RAMP PER SPPWC STD. 9,200.0 $55,200.00 2 6 EA PLAN 111-5, INCLUDING MOBILIZATION, TRAFFIC CONTROL, AND PUBLIC SAFETY REMOVE EXISTING CURB AND 3 179 LF GUTTER AND CONSTRUCT CURB 100.00 $171900.00 AND GUTTER PER SPPWC STD. PLAN 120-3 REMOVE EXISTING SIDEWALK AND CONSTRUCT CONCRETE 4 318 SF SIDEWALK PER SPPWC STD 18.00 $5,724.00 PLAN 113-2 REMOVE PAVEMENT SURFACE, 5 818 SF BASE, AND SUBGRADE, AND $20.00 16,360,00 INSTALL 4-FT WIDE HMA PLUG REMOVE EXISTING CONFLICTING YELLOW 6 1 LS CROSSWALK PAINT AND RESTORE STRIPING AND RED CURB PAINT BID SCHEDULE ITEMS: TOTAL AMOUNT (IN FIGURES) `r� I�/ BID SCHEDULE TOTAL AMOUNT (WRITTEN IN WORDS): 0, �"el vc gur c 4VI110 r q / 6rW /1147dried -( 9h Bid Schedule Note: Bid Price indicated refers to all items illustrated on the plans and details, and delineated within the specifications installed and completely in place with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. Award of the project shall be determined based on the lowest responsible bidder. Therefore, the Contractor shall completely fill out the Bid Schedule. Accompanying this proposal is (Insert "$ 10% "cashier's check" "cer the case may be) in the (100) of the total bid. OF BID BOND BID BOND cash", ified check", or "bidder's on as amount equal to at least ten percent The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. CJ CONCRETE CONSTRUCTION, INC. NAME OF BIDDER (PRINT) � 10142 SHOEMAKER AVE. ADDRESS GNATURE FEBRUARY 25, 2025 DATE SANTA FE SPRINGS, CA 90670 (562)777-2222 CITY ZIP CODE TELEPHONE 720989 - A STATE CONTRACTOR LICENSE N0. AND CLASSIFICATION I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. 4 JOHN C. SARNO - PRESIDENT SIGNATURE OR AUTHORIZED OFFICER 19 LIST OF SUBCONTRACTORS AREA 5 RESIDENTIAL NEIGHBORHOODBID ADA CURB RAMP IMPROVEMENT PROJECT PROJECT OPENING DATE 02/5/2025 PROJECT NO, 602671-24 LOCATION AREA 5 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CLIENT CITY OF DIAMOND BAR CONTRACTOR CJ CONCRETE CONSTRUCTION, INC. Name Under Which Subcontractor is Licensed License No. Address of Office, Mail, or Shop Percent of Total Contract Specific Description of Subcontract CGt �vtLl �► cc h�FF3) tGvtvhGh S&,6onj mn4 IY`N11 UjWr1 jaxil 9\ 11ehtn� Y1htiY�a ��S 11t�?otP 531a c icss SA ge l'C �h+ 1n e Ye s p� j U � i2(d t U 11 1 nt * In compliance with the provisions of the Public Contract Code Section 4109, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor 20 license of each Subcontractor - who will perform work or labor or render service to the Prime Contractor, specially fabricates and installs a portion of the work or improvement necessary to complete construction contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (10) of the General Contractor's total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5o)of the Prime Contractor's total bid or ten thousand ($10,000.00), whichever is greater, and the portion of the work which will be done by each Subcontractor. 21 DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that: 1. The contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or another provision of law. 3. The contractor is aware of California Public Contract Code Section 6109, which states: (a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 9. The contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works 22 project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code Sections 1777.1 or 1777.7 of the Labor Code, or any other provision of law. I declare under penalty of perjury under the laws of the State of California that of FEBRUARY 25 the foregoing is true and 2025, at LOS ANGELES correct. Executed (place this day of execution) . Signa u r e Name: JOHN C.SANRO Title: PRESIDENT Name of Contractor: CJ CONCRETE CONSTRUCTION, INC. 23 BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE In accordance with Government Code Section 14310I and in conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: QUESTIONNAIRE Has the Bidder, any officer, principal or employee of the Bidder who has a proprietary interest in the business of the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state or local government project because of violation of law or a safety regulation? If the answer is yes, explain the circumstances in the following space: STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than on final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board, NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 29 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification CDBGAreaSCurbRamp ProJect Bid Date MARCH 04, 2025 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 three 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 surroundincr anv and all fatalities. ITEM 3CALENDAR YEARS CURRENT PRIOR TO CURRENT YEAR YEAR 2022 2023 2024 TOTAL 2025 No. of Contracts 10 10 17 37 /p Total dollar amount of M contracts in 1,000's 14MM 20MM 30MM 64MM No. of lost workday 00 00 00 00 00 cases No. of lost work day cases involving permanent 00 00 00 00 00 transfer to another job or termination of employment No. of lost workdays 00 00 00 00 00 *The information required for this item is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSHA No. 102. The above information was to me at this time and I information is true and records. compiled from the records that are available declare under penalty of perjury that the accurate within the limitations of these CJ CONCRETE CONSTRUCTION, INC. Name of Bidder (Print 10142 SHOEMAKER AVE. Address SANTA FE SPRINGS, CA 90670 City Zip Code X�-�� JOHN C. SARNO ature 720989 - A State Contractor's Lic. No. & Class (5621777-2222 Telephone 25 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is a member of the co -partnership firm designated as which is the party making the foregoing proposal or bid; that such bid 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 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 Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co -partnership by who constitute the other members of the co -partnership. Signature Subscribed and sworn to before me this day of 20 Signature of Officer Administering Oath (Notary Public) AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) JOHN C. SARNO duly sworn, deposes and says: That he is PRESIDENT of, CJ CONCRETE CONSTRUCTION, INC. being first a corporation which is the party making the foregoing proposal or bid; that such bid 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 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 Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed to before 01 and sworn e this tiAg72.MfHF? �' FF'? 1. p u 1.011 = %�C�OaCgC1F000Pjo Signature o 27 Signa ure 20as istering Oath Public) AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OI' CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is the party making the foregoing proposal or bid; that such bid 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 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 Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this Signature 20 Signature of Officer Administering Oath (Notary Public) 133 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: that such bid 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 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 Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this Signature 20 Signature of Officer Administering Oath (Notary Public) BOND No. 29 FAITHFUL KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has awarded to (Name and address of Contractor} ("Principal"), a contract (the "Contract") for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety} ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Dollars ($ ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her, or its, heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. cR% In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its Note: This bond must be dated, evidence of the authority fact must be attached. (Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT By: "Surety" all signatures must be notarized, and of any person signing as attorney -in - (Seal) Insurance Administrator BOND No. 31 PAYMENT BOND (LABOR AND MATERIAL) KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Dollars($ ), this amount being not less than one hundred (1000) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of their persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to 32 pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated "Principal" By: Its By: Its Notary "Surety" By: Its By: Its Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as fact must must be attached. (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT Insurance Administrator 33 BOND No, BID BOND KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has issued an invitation for bids for the work described as follows: AREA 5 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602671-24 CIP PROJECT NO. SI254 WHEREAS Ci Concrete ("Principal"), desires Inc., Name to 10142 Shoemaker AveSanta Fe SpringsCA submit WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and Merchants Bonding Company (Mutual) P O Box 14498, Des Moines, IA 50306 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto Public Agency in the penal sum of Ten Percent of Amount Bid Dollars($10% ofAmountBid) being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by City and within the time and in the manner required by the bidding specifications, entered into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by City in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. IN WITNESS WHEREOF, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Hated: February 19, 2025 "Principal" "Surety" CJ Concrete Construction, Inc. Merchants Bonding Company (Mutual) By: By: Its Ted H Rarrick , Attorney-in4act By: Its Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in - fact must be attached. (Seal) (Seal) CALIFORNIA ALL= PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CCA1%Or l Kj County of "k S On 2 1 ' I t> before me, VA!XhV� .ill , 1lmenez, Nul�YL Iwo lI �Iir nsett name en DUG LUG oce personally appeared 5'Ghn L' SOiyrio who proved to me on the basis of satisfactory evidence to be the person(&& Whose name(ajis/are-subscribed to the within instrument and acknowledged to me that he/&heAhey-executed the same in his/berftheir authorized capacity{ies , and that by his/4e#their signature(gon the instrument the person(&); or the entity upon behalf of which the person(stacted, 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. RACHEL A. JIMENEZ WITH S m hand and official seal. s = Notary Public• California y" _ Los Angeles County s • " Commission 0 2497267 My Comm. Expires Aug 11, 2028 Wary P bli ' n ure (Notary Public Seal) - LqJJIPJCGlt71Cl>Z�J C41.1Ia1 DESCRIPTION OF THE ATTACHED DOCUMENT :V" (Title or description of attached document) (Title or description of attached document continued) l Number of Pages --L— Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O' Corporate fficer eSt (Title) ElPartner(s) ❑ Attorney -in -Fact p Trustee(s) ❑ Other 2015 Vision wvnv.NotmyClasses coo 800-£373-9865 INSTRUCTIONS FOR COMPLETING THIS FORM State of Arizona County of Maricopa On this 19th day February 2025 .before me personally appeared Ted H Rarrick personally known to me or proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. By: Jennifer Castillo Notary Public C Notary Public -ARIZONA Jennifer Castillo I^ MARICOPA COUNTY =i Commission No. 603879 My Commission Expires: My Commission Expires May 16, 2025 May 16, 2025 1ViERCHANTS BONDING COMPANY.0 POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Brandon McKee; Brian R Sawyer; Chrystal Hedges; David J McKee; Jennifer Castillo; Joseph A Clarken III; Melanie Ankeney; Patrick R Hedges; Ted H Rarrick their true and lawful Altorney(s)-in-Fact, to sign its name as surely(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 277 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed:' In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aul horny hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, It Is agreed that the power and authority hereby given to the Allorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Wmess Whereof, the Companies have caused this instrument to be signed and sealed this 291h day of July . 2024 SON p LNG CoMERCHANTS BONDING COMPANY (MUTUAL) o�P'• POMERCHANTS NATIONAL BOND(� % •o1INC � •• p0 ••d'09•. d/b a M RCHANTS NATIONALI INDEMNITY COMPANY :J•:, 2003 :(L� 1933 ,c: By On ud. � *** 4(V .. ..)�0 ��.`� d .. {... �1•• President STATE OF IOWA iT COUNTY OF DALLAS ss. " On this 29th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn tlid say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf oI the Companies by authority of their respective Boards of Directors. — PaIA<s Penn! Miller ° Commission Number 787952 - — z My Commission Expires �^ • fOWA _ January 20, 2027 Notary Public I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that (he above and foregoing is a True and correct copy of the POWER -OF -ATTORNEY executed by said Companies which is still in full force and effect and has not been amended or revoked. 'ON In Witness Whereof POA 0018 (6/24) I have hereunto set my hand and affixed the seal of the Companies on this O 191h day of February , 2025 o�Pt AI e •oao\�PO Q�'u�• �c4'L/ _ W1►,FLiv „'L On an o: 3; °%t 2003 .-{tZi° ;y' i933 v. �-... Secretary CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies 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 affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1. To establish or observe employment policies which affirmatively 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 affirmative steps to hire minority employees within the company. FIRM CJ CONCRETE CONSTRUCTION, INC. TITLE OF OFFICER SIGNING JOHN C. SARNO -PRESIDENT SIGNATURE DATE FEBRUARY 25, 2025 Please include any additional information available regarding equal opportunity employment programs now in effect within your company: 36 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder X proposed subcontractor , hereby certifies that he has X , has not participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has X , has not filed with the Joint Reporting Committee, the Director of the Office 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 filing requirements. CJ CONCRETE'CONSTRUCTION, INC. (COMPANY) BY: JOHN C.SARNO PRESIDENT (TITLE) DATE: FEBRUARY 25 20 25 NOTE: The above certification is required by the Equal Employment Opportunity 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 filed 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 of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 37 NON -COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) The undersigned declares: CJ CONCRETE I am the PRESIDENT of CONSTRUCTION, INC. the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on FEB 25,2025 [date], at LOSANGELES [city], CA [state] CJ CONCRETE CONSTRUCTION, INC. Zw JOHN C. SARNO Business Name Signatu e of Bidder (must be notarized) 10142 SHOEMAKER AVE., SANTA FE SPRINGS, CA 90670 Business Address Attach Notary Acknowledgement Form to this form when submitting m CALIFORNIA ACKNOWLEDGMENT CIVIL CODE y 1109 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of iVS hoIir�11aS On mav�h 3Y� l�s� before me, Ruoh�l �l())(r)"Z, Wi-A PUbhe , Date Here Insert Name and Title of the Officer personally appeared 70hr) L; SOMO Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoa(s) whose name(s}is/axesubscribed to the within instrument and acknowledged to me that hefshetthepexecuted the same in his/h&_.,4h@i" 'r authorized capacityjies):.and that by his/hofAheOwsignaturef"n the instrument the person(&), or the entity upon behalf of which the person(&) -acted, executed the instrument. WNotary Public - Cailfornla Los Angeles County b 2497267 y Comm. Expires Aug 11, 2028 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature n ture of Notary Public 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: tJ(/✓l (G�(VSIG1'1 Document Date:-2 Signer(&) Other Than Named Above: Capacity(ies) Claimed by Signer(&) Signer's Name: (/hh L' GVhGn corporate Officer — Title(s): Off SiQT(Al ❑ Partner— ❑ Limited ❑ Gene al ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: :t:.x �r O e G)� of Pages: ( Signer's Name: ❑ Corporate Officer —Title(&): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: DEPARTMENT OF PUBLIC WORKS OFFICIAL NOTICE Request for Bids AREA 5 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMPS IMPROVEMENT PROJECT CDBG PROJECT NO. 602671-24 CIP PROJECT NO. S1254 ADDENDUM NO. 1 The following changes to the Request for Bids (RFB) for the above project shall be incorporated into the RFB. The Contractor shall sign this page as acknowledgement of receipt of Addendum No. 1 and attach it to the bid. 2/25/2025 David G. Liu, P.E. Date Director of Public Works/City Engineer Contra tor's Authorized Signature ADDENDUM NO. 1 CITY OF DIAMOND BAR The Contractors shall note the following update: l . New replacement Wage Decision Document uploaded to Planet8ids: aI Wage Decision Document (File Formats: PDF) Please review the updated document on PlanetBids to ensure compliance with the lates requirements. 2/2 NOTICE TO BIDDERS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COMPLIANCE DOCUMENTS FOR CONSTRUCTION CONTRACTS of LESS Than $200,000 A Bidder is required to familiarize itself with the information provided on the following pages. Failure to comply with and/or meet the requirements may result in a bid being determined incomplete or non- responsive. A bidder is required to submit the following Compliance forms with its Bid Proposal: (L1 1: County Lobbying Certification if 2: Request for Additional Classification and Rate [�" 3: Contractor's List of Proposed Subcontractors �� 4: Worker's Compensation Certification Non -Segregated Faces Certification K 6: Past Performance Certification C/� 7: Notice of Equal Employment Opportunity Commitment 8: on Collusion Declaration ( 9: Federal Lobbying Certification ➢ FEDERAL LABOR STANDARDS PROVISIONS. The Federal Labor Standards Provisions (HUD-4010 form) is included at the end of the provision summary. Keep in mind that the form may be updated from time to time and the most current form must be used. The provision outlines the federal prevailing wage requirements, including a reference to the Copeland Act which requires all contractors and subcontractors to submit weekly payroll reports and advises contractors that it is a criminal offense for any person to persuade any other person employed on a federally funded project into giving up any part of their salary to which they are entitled under their contract of employment. The form also included reference to the Contract Work Hours and Safety Standards Act (CWHSSA). CWHSSA applies to contracts in excess of $100,000 and covers laborers and mechanics, including guards and watchmen, who must be paid at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. Finally the form further outlines the prevailing wage requirements, payroll reporting requirements, apprentice requirements, contract termination, and debarment sanctions pertaining to Federally -assisted construction projects. ➢ DAVIS-BACON AND RELATED ACTS (DBRA). The Davis -Bacon and Related Acts, apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis -Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis -Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis -Bacon Act prevailing wage provisions apply to the "Related Acts," under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance. ➢ PREVAILING WAGE STATEMENT: "This project is funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development (HUD). Federal tabor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced." The "current Federal Wage Decision" is the one in effect 10-days prior to the bid opening date and can be found on- line at http:/Avww.wdol.Aov. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail." ➢ CONFLICT OF INTEREST STATEMENT. No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Referto,• 2 CFR Part 200.318(c)(1), 24 CFR 85.36[Non-Profit Organizations— 24 CFR 84.4J, and 24 CFR 570,611 respectively, shall apply. ➢ EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractors commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the contractor's noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of Paragraph 1a through I in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 19653 so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ➢ FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a. As used in these specifications (1) Covered area means the geographical area described in the solicitation from which this contract resulted; (2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of labor, or any person to whom the Director delegates authority; (3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employers Quarterly Federal Tax Return, United States Treasury Department Form 941. (4) Minority includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, ii shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. c. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for chose trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractors or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contracts obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractors compliance with these specifications shall be based upon its effort to achieve maximum results from is actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractors employees are assigned to work, The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the contractors obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or n such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (3) Maintain a current file of the name, address, and telephone numbers of each minority and female off -the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written noiif cation to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly nclude minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractors employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above. (6) Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractors EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractors EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment -related activities to ensure that the EEO policy and the contractors obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes, (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16), The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected n the contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the contractors noncompliance. i. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). j. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. I. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed n accordance with 41 CFR Part 60-1.8 (Show Cause Notice) n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., chose under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor's or subcontractor's entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2. ➢ SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall: a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non -segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor- ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed. c. Send a notice of the contractors commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract. f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor's List of Federal and Non -Federal Work in Bid Condition Area to the monthly report. ➢ NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246) a. The Offeror or Bidders attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. bI The goals and timetables for minority and female participation, expressed in percentage terms for the contractor s aggregated work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Participation for Goals for Female Timetables Each Trade Participation in Timetables Each Trade 28.3% 6.9% These goals are applicable to ail the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction. The contractor s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications of forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 60-4, Compliance with the goals will be measured against the total work hours performed. c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of �10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starling and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles -Long Beach, specifically the County of Los Angeles, State of California. ➢ CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS. a, It is national policy to award a fair share of contracts to Small business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following: 1. Including qualified Small Business and Minority Firms on solicitation lists. 2. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources. 3. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation. 4. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms, 5. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required. 6. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1a through 1e above. b. Grantees shall take similar appropriate affirmative action in support of Women's Business Enterprises. c. Grantees are encouraged to procure goods and services from Labor Surplus Areas. ➢ CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. ➢ SECTION 503 of the REHABILITATION ACT of 1973. INDIVIDUALS WITH DISABILITIES. Section 503 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance in the federal government, public or private agency. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of a job. If you believe you have been discriminated against in a program of any institution which receives Federal assistance, you should contact immediately the Federal agency providing such assistance. ➢ SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. ➢ VIETNAM ERA VETERANS' READJUSTMENT ASSISTANCE ACT OF 1974, as amended. Covered contracts entered mo by any department or agency for the procurement of personal property and non -personal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non -personal services (including construction) for the United States. ➢ AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. ➢ CLEAN AIR AND WATER ACTS. Contractors with Federally -assisted construction contracts of $100,000 or more must comply, and ensure all sub -contractors comply, with the requirements regulated by the Environmental Protection Agency. During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: 1. A stipulation by the contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. 2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act , as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under. 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities, 4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis -Bacon and Labor Standards A. APPLICABILITY The Project or Program tow c e 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 (i) All laborers and mechanics employed or working upon the site of the work 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 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. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); 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 shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification 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 classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH1321)) shall 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) Additional Classifications. (A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor 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; (2) The classification is utilized 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) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division ("Administrator'), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210, The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget ("OMB") under OMB control number 1235-0023.) (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) HUD-4010 (06/2022) Previous editions are obsolete. Page 1 of 5 ref. Handbook 1344.1 (D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall 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. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis -Bacon Act contracts. (3) Payrolls and basic records. (i) Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) Certified Payroll Reports (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. HUD-4010 (06/2022) Previous editions are obsolete. Page 2 of 5 ref. Handbook 1344.1 Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S. Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) (B) Each payroll submitted shall be accompanied by a "Statement of Compliance;' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (a)(3)(ii)(b). (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5,12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. HUD-4010 (06/2022) Previous editions are obsolete. Page 3 of 5 ref. Handbook 1344.1 If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. (6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 maybe grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (R) Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (i) By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. HUD-4010 (06/2022) Previous editions are obsolete. Page 4 of 5 ref. Handbook 1344.1 (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum set by the U.S. Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph. C. HEALTH AND SAFETY The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $ inn ,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 U.S.C. § 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. HUD-4010 (06/2022) Previous editions are obsolete. Page 5 of 5 ref. Handbook 1344.1 Name of Firm: Address: COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO, 93-0031 CERTIFICATION CJ CONCRETE CONSTRUCTION, INC. 10142 SHOEMAKER AVE State: CA Zip Code: 90670 Telephone Number: (562 ) 777-2222 Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Los Angeles County Development Authority (LACDA). 1) It is understood that each person/entity/firm who applies fora Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and; 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person/entity/firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is a material representation offact upon which reliancewas placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contractwith Los Angeles County and the Los Angeles County Development Authority, Authorized Official: CJ CONCRETE CONSTRUCTION, INC. (contrecrerrsabcono-acror) FEBRUARY 25, 2025 (Dare) - (stviawre) PRESIDENT (Title) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMB Approval Nurnlaer2501-0011 (Err. Wi2022) 1. FROM (name and address of requesting agency) 2. PROJECT NAME AND NUMBER CDBG Area 5 Curb Ramp Project CDBG Project No. 602671-24 & CIP Project No. SI254 CITY OF DIAMOND BAR 3, LOCATION OF PROJECT (City, County and State) DIAMOND BAR, LOS ANGELES COUNTY, CALIFORNIA 4, BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION The work to be performed or executed under these plans and specifications includes removal of existing sidewalk and curb & gutter and the construction ❑ Building ® Residential of new PCC curb ramps with curb & gutter and a minimum 4' HMA plug; and ❑ Heavy ❑ Other (specify) other incidental and appurtenant work necessary for the proper construction Hi El9 Highway of the contemplated improvements, as indicated on the project plans and specifications. See attached specs. 6. WAGE DECISION NO. (include modification number, if any) DATE of WAGE DECISION: 7, WAGE DECISION EFFECTIVE DATE (LOCK -IN): ❑ COPYATTACHED 8. WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) CONCRETE APPRENTICE $24.20 $11.82 CONCRETE FRAMERS/ MASONS $44.00 $27.35 FOREMAN $80,00 $0.00 CONCRETE OPERATORS $55,90 $27,24 9. PRIME CONTRACTOR ((name address CONSTRUCTION, INC. 9a. 10, SUBCONTRACTORIEMPLOYER, IF APPLICABLE CJ CONCRETE (name, address) 10142 SHOEMAKER AVE, ❑ Agree SANTA FE SPRINGS CA 90670 ❑ Disagree 9b, SIGNATURE DATE 02/25/2025 Check All at A I ❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. M The proposed classification is utilized in the area by the construction industry. ❑ The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. ❑ The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). ❑ Supporting documentation attached, including applicable wage decision. Check One: ❑ Approved, meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative Date (Typed name and signature) Log in: Log out: Phone Number HUD-0230A (8-19) PRENOUS EDITION IS OBSOLETE CONTRACTOR LIST OF PROPOSED SUBCONTRACTORS Bidder must list all subcontracts regardless of dollar amount or oercentaoe of lid. CDBG Area 5 Curb Ramp Project -CDBG Project CITY OF DIAMOND BAR PRa cTNAYE AVVs NNG AGENCY Locanon: DIAMOND BAR Project Number. 602671-24 SUBCONTRACTORS' Name, Address, and Telephone NumbM Empbyer blent4kaban Number Conbador l enw Number Conbact Amount Estlmated Start Dale Esdma[ed Complelion Date TRADES TO BE USED in 1�5q I ► 4il,scv ct- )p To 17LOsio u,s�o -T$� TADy it �u,+ c c �r�tn JOHN C. SARNO -PRESIDENT Signature Name and Title CJ CONCRETE CONSTRUCTION, INC. Canpany Name WORKER'S COMPENSATION CERTIFICATION I certify, by my signature below, that I am aware of the provisions of Section 3700 of the California Labor Code. §3700 requires every employer be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code. I further certify that I will comply with such provisions before commencing the performance of the work of this contract. Date: FEBRUARY 25, 2025 Project Number: 602671-24 Project Name: CDBG Area 5 Curb Ramp Project -CDBG Project Company Name: CJ CONCRETE CONSTRUCTION, INC. Address: 10142 SHOEMAKER AVE., SANTA FE SPRINGS, CA 90670 Print Name: JOHN C. SARNO Title: PRESIDENT U.S. Department of Labor PAYROLL Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347!nstr.him) Pamons we nor regivadro respoMro Me m Mcbon ofinrannatm unressirdisphys a currency WnVOAIB mnlranumber. �1VN© U.S. Wag and How Dis4kn Rev. Dec. 2008 xAMEOFcoxrw•moR� rnsuecoxmAcrat� REss OMB ND.:1235-0008 Expires: 07/31/2024 PAYROLL NO. FORWEEKENCUNG MWEDTANOLOGNTION PfiOhCTORODxIRAoi N0. 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N.W. WasNrpaM1 O.G x0210 fowl Dale o! Signatory Pany) (Title) tlo hereby slate: (1) That 1 pay or supervise the payment o(Ihe persons employetl by m the that during No pay*ell period Commencing on the (Buiitling or Work) ray of , and ending the day of , all persons employed on said project have been paid the full weekly wages earned, that no rebates have been ory d be made either directly or indirectly to or on behalf of said rtem ma mn (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible tleductions as defined in Regulations, Part 3 (29 C.F.R. Stings A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Sum, SO, 63 SOL 108, 72 SOL 967; 76 Star. 357; 40 U.S.G. § 3145), and described below. (2) That any payrolls othervise under Nis contract requiretl to be submitted for the above period are rect and Complete; that the wage rates for laborers or mechanics contained (herein are not less than the applicable wage rotes contained o any waged conform n win Incorporated Into the contact; That Ne Gassifications set forth therein for each laborer or mechanic Conform 1Nth the work he pedormed. (3) That any appmntces employed In the above period are duly registered in a bona fide apprenticeship program registered with a Slate apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) Thai: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS �— naddillon to balance hourly vagerates pad toeachlabonfor mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the Contract have been orvaul be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. @) WHERE FRINGE dENEFiTS ARE PAID IN CASH ❑ — Each laborer or mechanic listed In fee above referenced payrog has been paid, as Indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION It JWO THILE SIGNATURE Uri ROSEcuflON. SEES cION 1001 of Tli Ia AND SECTION 3729 OF Certification of Understanding and Authorization This certification is required when a Payrol101ficeris not listed on the business license rov9anl Contractor Name: CJ CONCRETE CONSTRUCTION, INC. Project Name: CDBG Area 5 Curb Ramp Project CDBGPf4ectNum6er 602671-24 Project Location: CITY OF DIAMOND BAR Local Contracting Agency (LCA): Labor Standards Officer (LSO): Telephone: The contractor certifies, by signature below, that the designated payroll officer has received a copy of the federal wage decision assigned to this project as identified below; ► CA Modification Number Dated The payroll officer acknowledges, by signature below, that shelhe have also received, read, and understands the following provision and publication; ► Federal Labor Standards Provisions (HUD-4010 form), and ► Contractor's Guide to Prevailing Wage Requirements for Federally -Assisted Construction Projects. Further, the person designated as the Payro110�cer understands the labor standards reporting requirements applicable to the above listed project, and she/he is hereby authorized to sign the Statement of Compliance form that will accompany each weekly payroll report for this project on behalf of the contractor. CJ CONCRETE CONSTRUCTION, INC. 720989 Contrecto�s Business Name License Number JOHN C. SARNO Pdnt Name of Owner or Principal IJsted on the business license PRESIDENT RACHEL JIMENEZ Print Name of Payroll OBicer S/gnature of Own r or Principal listed on the business license Fringe Benefit Statement CDBG Area 5 Curb Ramp Project PROJECT NAME Location: DIAMOND BAR CITY OF DIAMOND BAR I [KN_\ �K�7 � 11:7_G91I � [HSeI 71 [N7 CDBG Project Number: 602671-24 WORK CLASSIFICATIONS HOURLY FRINGE BENEFITS PROVIDED Name, Address, and Telephone Number of the Approved Plan, Fund, or Program LABORER GROUP 1 Healthh&Welfare $ 9,25 AGC APPRENTICESHIP 720 POINSETTIA STREET SANTA ANA, CA 92701 (714)479-0020 & TRAINING TRUST Pen:Ion s 12.07 Vacation $ 5.02 rentioeshi rnami $ 0,80 Other (explain) $ 0,67 TOTAL HOURLY FRINGE: $ LABORER GROUP 4 Health & Welfare $ 9,25 AGC APPRENTICESHIP 720 POINSETTIA STREET SANTA ANA, CA 92701 (714)479-0020 & TRAINING TRUST Pension $ 12,07 Vamfion $ 5,02 ApprentloeshTpri-raining$ 0.80 Other (explain) s 0,67 TOTAL HOURLY FRINGE: $ CEMENT MASON Health &Welfare AGC APPRENTICESHIP 720 POINSETTIA STREET SANTA ANA, CA 92701 (714)479-0020 & TRAINING TRUST Pension $ 10,85 0.8 Vaoatlon $ 7,47 Appren nrainin $ 0.67 Omer a lain $ TOTAL HOURLY FRINGE: $ CEMENT MASON APPRENTICE 2 Health & Welfare $ 8•83 AGC APPRENTICESHIP 720 POINSETTIA STREET SANTA ANA, CA 92701 (714)479-0020 & TRAINING TRUST $ Vocaton $ 2.477 Apprenuceshi nrslnln $ Other a lain $ 0,23 TOTAL HOURLY FRINGE: $ LABORER APPRENTICE Health&Welfare $ 6,48 AGC APPRENTICESHIP 720 POINSETTIA STREET SANTA ANA, CA 92701 (714)479-0020 & TRAINING TRUST Pension $ 4,81 Vacation $ 3.51 Apprentimshipfrraning $ 0,80 Omer (explain) s 0.67 TOTAL HOURLY FRINGE: $ I Certify under penalty of perjury that: ® I make payments to approved fringe benefit plans, funds, or programs as listed above. OR ❑ I DO NOT make payments to approved fringe benefit plans, funds, or programs. Benefits are added to hourly rates and paid each week to the employees. CJ CONCRETE CONSTRUCTION, INC. (Print Company Name) Contractor License Number: 720989 Date: FEBRUARY 25, 2025 rvame or rerson aurnonzea ro sign/ By_ JOMN C. SARNO Title: PRESIDENT NON -SEGREGATED FACILITIES CERTIFICATION Federally Assisted Construction Projects The federally assisted construction contractor certifies that he/she DOES NOT and WILL NOT: Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or 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, creed, color, or national origin, because of habit, local custom, or otherwise. The federally -assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE: The penalty for making false statements in offers are prescribed in 18 U.S.C. 1001. Date: Company: FEBRUARY 25, 2025 CJ CONCRETE CONSTRUCTION, INC. Project Number: Address: 10142 SHOEMAKER AVE., SANTA FE SPRINGS, CA By: Title: JOHN C. SARNO 602671-24 PAST PERFORMANCE CERTIFICATION With regard to performance of previous contracts or subcontracts subject to the Equal Opportunity Clause and filing of required reports The ®bidder, ❑proposed sub -contractor, hereby certifies that he/she as, ❑has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she ®has, ❑has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance (OFCCP), a Federal Government contracting oradministering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: 02/25/25 Project Number: 602671-24 ContractAward: $ 1 loli 1 V1 Awarding Agency: CITY OF DIAMOND BAR Contractor Name: CJ CONCRETE CONSTRUCTION, INC. Total Numberof Employees 16 Affiliate By: Title: � PRESIDENT JOHN NOTE: The above certification is required bythe Equal Employment Opportunity Regulations of the Secretaryof 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). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed 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 specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF-100 (EEO-1) must be filed bv; (A) All private employers who are: (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 50 or more employees, and a. Are prime contractors or first -tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT TO: AGC APPRENTICESHIP& TRAINING TRUST (Name of Labor Union, Workers Representative, etc. 720 POINSETTIA ST', STANTA ANA, CA 92701 (Address) Name of Business (contractor): CJ CONCRETE CONSTRUCTION, INC. Project Name: CDBG Area 5 Curb Ramp Project Project Number: 602671-24 The Undersigned currently holds a contract with CITY OF DIAMOND BAR , involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. (Print Nwne) (Si8^atme) FEBRUARY 25, 2025 PRESIDENT (Dale) (Title) California Public Contract Code requires every bid on every public works contract of a public to include a declaration under penalty of perjury under the laws of the State of California, in the following form: NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH ¢ID The undersigne decl res: PRESIDENT I am the __ of __!. the party making the foregoing bid. iCONSTRUCTION, INC. I The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___[date], at ___[city], ___[state]." 02/25/2025 LOS ANGELES, CA Name of Firm: FEDERAL LOBBYIST CERTIFICATION CJ CONCRETE CONSTRUCTION, INC. Address: 10142 SHOEMAKER AVE., SANTA FE SPRINGS State: CA Zip Code: 90670 Telephone Number: 562) 777-2222 Acting on behalf of the above named firm as its Authorized Official, I make the following Certcation to the U. S. Department of Housing and Urban Development and the Los Angeles County Development Authority (LACDA). 1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, and; 3) The above name firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreement) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: CJ CONCRETE CONSTRUCTION, INC. (Conlraclor/$ubconhactor) FEBRUARY, 25, 2025 (si�ataro) PRESIDENT (Title) AGENCY REPORT OF CONSTRUCTION CONTRACT AWARD TO: Grants Management Unit ("MU) Los Angeles County Development Authority (LACDA) FROM: Project Name: Local ContrarAng Agency Nama: Project Number: Date: A formal bid opening, or informal solicitation for this construction contract was held on: Date: A ❑Contract ❑Subcontract was awarded to the contractor identified below on: Date: The contract amount for the scope of work to be performed by this Contractor, as detailed below, is: Amount This ❑is or ❑is not a Section 3 qualified construction contract A Section 3 Pre -Bid Meeting was held on: Date: The Contractor's Eligibility was verified prior to the contract with search results from: California Contractors Slate Licensing Board (CSLB) website (hUp://www.cslb,ca.gov) on: Date: California Department of Industrial Relations (DIR) website(htlos:ltwww.dir.ca.gov/dlse/debar.hbnl on: Dale: Federal List of Parties Excluded from federal contract award website(httos:l/sam.00vfcontenUexclusionsl on: Date: ANotice of ContractAward letterwas sent to the U.S. Dept. of Labor, OFCCP (conUacLs510,000ormore) on: Date: ►Identify the detailed scope of work FOR THIS CONTRACTOR Estimated Start Date: Estimated Completion Date: ►Identify the work classifications to be USED BY THIS CONTRACTOR at the construction site Estimated Workforce size: Asbestos Worker Equipment Operator croup Lather Roofer Bricklayer Glazier Marble setter Sheet metal worker Carpenter ronworker Painter Terrazzo Worker Cement Mason Laborer Gmup Plasterer Tile layer Electridan Labor/Striper Group _ Plumber (other) The Contractor(s) acknowledge, by signature below, that: "This construction project is funded in whole orin part with Federal funds." A copy of the Federal Labor Standards Provisions (HUDA010lorm), is attached to the contractor's copy of this form. A copy of the assigned Federal Wage Decision identified below will be attached to the contractor's copy of this form. Federal Wage Decision Number: CA Mod.., DATED (hUps:llsam.govloontent/waee- determinations). The Contractor(s) further acknowledges that the prevailing wage and fringe benefit rates must be paid to all workers each week. Print Company Name above— ❑PdmeContrmtorOSubcontiactor Print Company Name above — OSubmnlmctorElLower--tier Employer Identification Number: Employer Identification Number: Contractor License Number: Contractor License Number: Authorized Signature of Company Representative Authodzed Signature o/Company Representative OBIackAmencan OWornen OwnedBuslriass ONa6'veAmedcan OBIackAmerican UWomenewnedBwiness ONaliveMokan OWNIe Amedcan OMInaily Owned Business OHesidkJews OWNIe Amencan [MinaiyewriedBusiness OHasWcJews OHlspadc Amedcan OSeclon3Quafified0usiness I]AslarWadficAmencen OHispsdc Amedon OSx6on3Qua'ifiedBus1mss OAslaNPadficAmedcan Tips for completing the Agency Report of ContractA wardform The Agency Report of Contract Award (ARCA) form will help the LCA to complete HUD's Semi -Annual and Annual reporting requirements. Send a copy of the completed form(s) to the GMU Contract Compliance Officer via email. Process the ARCA as follows: • Local Contracting Agency (LCA) must; o Enter the basic project information on the form, Enter the dollar amount of the Prime Contract o Explain the prevailing wage requirements as outlined in the specifications, o Do not sign the form until it is returned, completed by the prime sub, or lower -tier contractor, Collect form from the contractor and review for accuracy, o Initial and email completed form(s) to GMU. Prime Contractor must; o Provide an estimated start and end date, and a summary the Scope of Work, Identify the basic trades and number of workers to be used on site, Complete lower left section — business address and EEO portion, and o Sign and return the form to the LCA. o Subcontractor form, provide the dollar amount of each subcontract • Ensure subcontractor has a copy of the HUD-4010 form & Federal Wage Decision • Collect form from the sub -contractor and review it for accuracy • Sign and forward the form to the LCA Sub and Lower•tier contractor must; o Provide an estimated start and end date, and a summary the Scope of Work, Identify the basic trades and number of workers to be used on site, Complete lower right section — business address and EEO portion, and o Sign and return the form to the Prime Contractor. 1. Date of Public Bid Opening or Informal Solicitation Date: Date that the LCA held the public bid opening, or the date that the contract opened for vendor offers through informal solicitation. 2. Contract Award Date: Prime Contracts, the date that the contractor signed an agreement with the LCA. Subcontracts, the date the subcontractor signed an agreement with, or work commenced for the prime contractor. Lower -tier contracts, the date the lower -tier signed an agreement with, or work commenced for the subcontractor. 3. Section 3-qualified Contracts: The LCA is required to conduct a presentation of the requirements and labor hour benchmarks of Section 3 during the Pre -Bid Meeting. In addition, during the bid evaluations, the LCA will include a Section 3 analysis to determine each bidder's Section 3 Responsiveness and provide GMU with a copy of their evaluation. A standard -format evaluation form is available for reference and use during the evaluation process. 4. Contractor Eligibility: Prior to awarding a contract for construction, the LCA must ensure the contractor is eligible to receive federal funds, and that the contractors license is current and active as part of the LCA bid evaluation process. The eligibility check includes: 1. Obtaining the state license number of each bidder and proposed sub -contractor 2. Contact the CA Contractor State License Board on-line at htto:llwww.nslb.ca.aov 3. Enter the contractors license number and click on "Check license" 4. The License Detail page will display; Business Information, License Status, Personnel List, etc. 5. Print a copy of this page to assist in completing the contractors eligibility verification. a. First, access the CA Department of Industrial Relations website: 1. at https7fhv .dir.ca.gov/dise/debar.htmi to ensure that the contractor is not debarred b. Next, access the Federal List of Parties Excluded from receiving federal funds on-line at httos://sam.00v/content/exdusions 6. Print the results of your search and place a copy in the contractors Labor Standards Enforcement File 5. Contractor Acknowledgement: By signing this form the contractor(s) acknowledges that this project is federally -funded and the prevailing wage requirements of the Davis -Bacon and Re/atedActs will be administered, monitored, and enforced by the LCA, or their assigned representative. 6. Federal Labor Standards Provisions: A copy of the current HUD-4010 form that outlines the labor requirements for each contractor must be included in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $25,000. The Prime Contractor must attach a current copy of the HUD-4010 form to each subcontract. 7. Federal Wage Decision: A copy of the current Wage Decision that identifies the minimum hourly wage and fringe benefit payments to workers must also be included in the bid specifications for all formal competitive bids, or physically attached to each Prime Contract awarded for informal contracts under $2,000, The Prime Contractor must attach a copy of the applicable Wage Decision and HUD-4010 form to each subcontractor ARCA to ensure that each sub and lower - tier contractor was informed of his/her obligation to pay prevailing hourly wages and fringe benefits to workers each week. 8. Contractor's Acknowledgement: To pay workers each week no less than the hourly wage and fringe benefits rates identified in the assigned wage decision. 9. Notice of Contract Award: Within 10-days of the award dale, a Notice of Contract Award letter must sent to the Office of Federal Contract Compliance Programs (OFCCP) at the address below for contracts awarded in the amount of $10.000 or more. Place a copy of the signed letter in the project file. U.S. Department of Labor, Office of Federal Contract Compliance Programs 7640 South Sepulveda Boulevard, Suite 440 Los Angeles, CA 90024