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HomeMy WebLinkAboutScanner_20250304_111656EXPERIENCE 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 Community Park Sports Lighting Contract Amount 576,469.26 Type of Work client City of Redlands Agency Project Manager Kathleen Giorgianni Phone 909-798-7655 x4146 Date Completed 02/2025 o Subcontracted 1% 2. Project Title Moreno Arena Bleacher Support Pad Replacement Contract Amount 265,900.00 Type of work Demolition & Installation of Concrete Pad Client City of Norco Agency Project Manager Amanda Hamilton Phone951-270-5633 Date Completed11/2024 o Subcontracted 7% 3. Project Title Kimball Avenue Turn Pockets Contract Amount 265,567.14 Type of Work Curb & Gutter, Center Divider, Turn Pockets Client City of Chino Agency Project Manager Anthony Flores Phone 562-547-8555 Date Completed11/2024 o Subcontracted 20% NOTE: If requested by the City, bi er shall furnish a certified financial statement, references and other information sufficiently comprehensive to permit an appra sal o his cur e t financial condition. Bidder's Signature ' 10 Each bidder shall possessa 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 50% 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 1% 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 oftheaward. 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 4, .Article 4 (commencing at #4380) Government Code, all specifications shall be deemed to include the words "orequal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 21. EMPLOYMENT OF APPRENTICES: Attention isdirected to Sections 1777.5, 1777.6 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 Ws 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. SI254 Date February 24 , 2 o 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: James Culwell, President/Manager Christine Culwell, Secretary/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. 15 (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. Ac this proposal is a certified or cashier's check or idder's bon payable to the order of the City of Diamond Bar in the sum of , famf6wuftd s, �tuVtG�rv�t �'t Gt Ci DOLLARS ($ &�y• qo l . IV L'tr� c 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. 16051 Crosswind Avenue Address of Bidder Chino, Ca City 91708 Zip Code 16 SigVature 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. S2254 BID SCHEDULE ITEM EST. DESCRIPTION UNIT NO. QUANT. UNIT WRITTEN IN WORDS PRICE AMOUNT I 1 LS CONSTRUCTION STAKING AND 000 - �` 0 00. MONUMENT PRESERVATION 3 REMOVE EXISTING IMPROVEMENTS AND CONSTRUCT 2 6 EA CURB RAMP PER SPPWC STD. r _ �'r PLAN 111-5, INCLUDING �{ �i7." MOBILIZATION, TRAFFIC CONTROL, AND PUBLIC SAFETY REMOVE EXISTING CURB AND 3 17 9 LF GUTTER AND CONSTRUCT CURB AND GUTTER PER SPPWC STD. l0 PLAN 120-3 REMOVE EXISTING SIDEWALK AND CONSTRUCT CONCRETE 4 318 SF SIDEWALK PER SPPWC STD 133-.- 4�-, 29q,. PLAN 113-2 REMOVE PAVEMENT SURFACE, 5 818 SF BASE, AND SUBGRADE, AND �J�r 2-0r 14G-V 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)-+ 17 BID SCHEDULE TOTAL AMOUNT (WRITTEN IN WORDS) : 0n(. h[Alid red ,} huV0re-C gYeld 6i if- ciof [ C.rS, 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 tG� {�,��j and (Insert " 15(-p 10o 1�0 "cashier's check", "certified check", or the case may be) in the amount equal to at (10%) of the total bid. cash", r' s bo " as en 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. Metrocell Construction, Inc. NAME OF BIDDER (PRINT) 16051 Crosswind Avenue ADDRESS 03/04/2025 SIGNATURE DATE 18 Chino, Ca CITY 91708 562-318-4774 ZIP CODE TELEPHONE 829469 - A, B,C 16, HAZ STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION I declare under penalty of Perjury of the laws of the State of California that the represe a ions ade herein are true and correct in accordance with the requ'reme is of Califor 'a Business and Professional Code Section 7028. 5. CONTRACTOR SIGN URE OR AUTHORIZED OFFICER 19 LIST OF SUBCONTRACTORS * BID OPENING DATE 03/04/2025 PROJECT CDBG Area 5 Curb Ramp Project LOCATION-DjCtWt01Ad 13Ctr Lei I� �Vt(C4 CLIENT City of Diamond Bar CONTRACTOR Metrocell Construction, Inc. PROJECT NO. U,Pfoo: SS25� Name Under Which Subcontractor is Licensed License No. Address of Office, Mail, or Shop Percent of Total Contract Specific Description of Subcontract A-BG ��y�i��c5, �vic. 13��RO (527 VV: � 3° o D,n�� 1i7Z * In compliance with the provisions of the Public Contract Code Section 4104, 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 (1%) 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. 4. 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 California that the foregoing is true and correct. of March 4 , 2025, at 23 Name: James Colwell Title: President of the State of Executed this day ion) . Name of Contractor: BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE In accordance with Government Code Section 14310.5 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? YES NO X 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 Ouestionnai.re are Part of thereof shall also constitute signature of this Statement and. Questionnaire. are cautioned that making a false ect the certifier to criminal 24 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification CQBG Area 5 Curb Ram Promect Bid Date 31q IZ6- March 4 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 surrrnindinrr anv And all fatAlit-irwc ITEM 3 CALENDAR YEARS CURRENT PRIOR TO CURRENT YEAR YEAR 2022 2023 2024 TOTAL 2025 No. of Contracts 30 35 30 95 4 Total dollar amount of contracts in 1,000's 5,900,000 6,000,000 6,000,000 17,900,000 11200,000 No. of lost workday cases 0 0 0 0 0 No. of lost work day 0 0 0 0 0 cases involving permanent transfer to anotherjob or termination of employment No. of lost workdays 0 0 0 0 0 *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 compiled from the records that are available to me at this time and I declare unde p y of perjury that the information is true and accurate w` hin the limitations of these records. Metrocell Construction, Inc. Name of Bidder (Print 16051 Crosswind Avenue Address Chino, Ca 91708 Sign ture 829469 - A,B,C10,HAZ State Contractor's Lic. No. & Class 562-318-4774 City Zip Code Telephone 25 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) James Culwell duly sworn, deposes and says: That he is President of, Metrocell 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 and sworn to before me this day of , 20 see attached certificate Sign a ure of Officer Administering Oath (Notary Public) 27 J U RAT 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 San Bernardino Subscribed and sworn to (or affirmed) before me on this 4th day of March 2025 by James Culwell proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. LISA YOLANDA SERRANO Notary Public • California z w x San Bernardino County f Commission If 2496800 My Comm, Expires Sep 1, 2023 Sig (Seal) OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Affidavit for Corporation Bidder (Title or description of attached document) City of Diamond Bar - Area 5 (Title or description of attached document continued) Number of Pages 1 Document Date 03/04/2025 Additional information 2015 Version www,NataryClasses .ccm 800-873-9665 INSTRUCTIONS The wording of all Jurats completed in California after January 1, 2015 must be in the form as set forth within this Jurat There are no exceptions. If a Jurat to be completed does not follow this form, the notary most correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate just form such as this one with does contain the proper wording, to addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re -signed in front ofthe notary public during the jurat process. State and county information must be the state and county where the document signer(s) personally appeared before the notary public. Date! of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed. Print the name(s) of the document signer(s) who personally appear at the time of notarization. Signature of the notary public must match the signature on file with the office of the county clerk. The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form. Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Securely attach this document to the signed document with a staple. J U RAT 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 San Bernardino Subscribed and sworn to (or affirmed) before me on this 4th day of March 2025 by Christine Culwell proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. �� •„ �� >y� LISA Y4LANDA SERRAN4 W Notary Public - California `s San Bernardino County y Commission # 7445800 My Comm, Expires Sep 4, 2023 Sign OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Affidavit for Corporation Bidder (Title or description of attached document) City of Diamond Bar - Area 5 (Title or description of attached document continued} Number of Pages 1 Document Date 03/04/2025 Additional information (Seal) INSTRUCTIONS The wording of all Jurats completed in California after January 1, 2015 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re -signed in front of the notary public during the jurat process. • State and county information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form. Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document with a staple. 2015 Version www.NotaryClasses.corn 800-873-9865 �V Q FAITHFUL PERFORMANCE BOND , Bar ("City"), has awarded to (Name and a s of Contractor) ("Principal"), a contract (the "Contract") for the//kork described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performan of the Contract. NOW, THEREFORE, we, the undersigned Priplcipal, and (Name and add ("Surety") a duly admitted surety' of California, as Surety, are he penal sum of ;ess or 5;urety) _nsurer under the laws of the State and firmly bound unto City in the Dollars ($ ), this amount being not less than the total contract price, in lawfu money of the United States of America, for the payment of which su well and truly to be made, we bind ourselves, our heirs, executors, inistrators, successors, and assigns, jointly and severally, firmly y these presents. THE CONDITION OF TH S OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, er, or its, heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and covenants, condi ons 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 r spects 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. 30 In cZt is brought upon this bond, Surety further agrees o pay all ustsand reasonable attorneys' fees in an amount xed by the co rt. FURTHER, the Surety, for value received hereby stipulate and agrees that no change, extension of time, alteration, addition o modification to the terms of the Contract, or of the work t/additin, ed thereunder, or the specifications for the same, shallway affect its obligations under this bond, and it does hee notice of any such change, extension of time, alteration, or modification to the terms of the Contract or to theworke specifications thereunder. Surety hereby waives the provialifornia Civil Code §§ 2845 and 2849. The City is the prinficiary of this bond and has rights of a party hereto. IN WITNESS WHEREOF, two (2) identical coup erparts of this instrument, each of which shall for all purposes be d med an original hereof, have been duly executed by Principal and Sure , on the date set forth below, the name of each corporate party being reto affixed and these presents duly signed by its undersigned repres ntative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its Note: This bond ust be dated, all evidence f the authority of fact mus be attached. ( Spal ) APPROVED AS TO SURETY AND PRINCIPAL MOUNT By: Insurance Administrator 31 "Surety" By: Its By: Its signatures must be notarized, and any person signing as attorney -in - (Seal) BOND No. 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 Contractor} ("Principal"), a contract (the "Contract") for the wor] described as follows: WHEREAS, Principai .is required under the terms of the Contract and the California Civil Code to secure the paymen of claims of laborers, mechanics, materialmen, and other persons aV provided by law. NOW, THEREFORE, we, the undersigned Princ/pal, and �ivame ana aaare s or Surety) ("Surety") a duly admitted surety ' surer under the laws of the State of California, as Surety, are he and firmly bound unto City in the penal sum of Dollars($ ), this amount being not less tha one hundred (100%) of the total contract price, in lawful money of th United States of America, for the payment of which sum well and trul to be made, we bind ourselves, our heirs, executors, administrator , successors, and assigns, jointly and severally, firmly by then presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors, or assig or subcontractors shall fail to pay any of the persons named in S tion 3181 of the California Civil Code, or any amounts due under t e Unemployment Insurance Code with respect to work or labor performe under the Contract, or for any amounts required to be deducted, wit held, and paid over to the Employment Development Department fro the wages of employees of the Principal and subcontractors ursuant to Section 13020 of the Unemployment Insurance Code, with res ect to work or labor performed under the Contract, the Surety will p y for the same in an amount not exceeding the penal sum specified in his bond; otherwise, this obligation shall become null and void. T is 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 odification to the terms of the Contract or to the work or to the s ecifications thereunder. Surety hereby waives the provisions of th/es Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts f this instrument, each of which shall for all purposes be deemed an riginal hereof, have been duly executed by Principal and Surety, o/s) date set forth below, the name of each corporate party being heretoed and these presents duly signed by its undersigned representativpursuant to authority of its governing body. Dated "Principal" By: Its By: Its Notary "Sur) ty" L /By: I \ B_�'� Its V Note: This bond must be dated, all signatures must be notarized, and evidence of t e authority of any person signing as attorney -in - fact must be attached. (Seal) (Seal) APPROVED AS TO RETY AND PRINCIPAL AMOU By: InsuraXice Administrator 33 BOND No. BID BOND NO. 11-757-154 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 RESIDENTIALNEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602671-24 GIP PROJECT NO. SI254 WHEREAS Metrocell Construction, Inc. 16051 Crosswind Avenue, Chino, CA 91708 (Name and address of Bidder)_ ("Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the 'provisions of the California Public Contract Code to, furnish a form of bidder's security with their hid. NOW, THEREFORE, we, the undersigned Principal, and American Contractors Indemnity Company 801'South Figueroa Street #7q0, Los Angeles, CA 90017 (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 the Amount Bid in ---------------------------------------------------------------------- Dollars( 100 ), 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. 34 NO. 11-757-154 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. Dated: March 4., 2025 "Principal" Metrocell Construction, Inc By: _ I By: Its/I�r1�rcLe�,tr "Surety" American Contractors Indemnity Company By: Blake A.../1Pfier, Attorney -in -Fact By b4t r 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) 35 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of orange On February 26, 2025 before me, b- Nahina Pfister, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �— L. NAHINA PFISTER Notary Public - Califomia Orange County Commission # 2479518 My Comm. Expires Jan. 13, 2028 Place Notory 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. Signa re Signature of No ub lc Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond 11 —757-1 54 DocumentDate:� March 4, 2025 Number of Pages: 2 Signer(s) Other Than Named Above: N/A, None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual M Attorney in Fact ❑ Trustee. o Guardian or Conservator ❑ Other: Signer is Representing: American Contractors Indemnity Com any 02019 National NotaryAssociation Signer's Name: ----- ❑ Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nther: Signer is Representing: In Witness Whereof, -4th, day aft Bond` No. 7 1. Agency No. I have hereunto set hand and affixed the seals of said companies al Los rnyvica, •.,,, CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bermardino On March 4, 2025 before me, Lisa Y. Serrano, Notary Public (Here insert name and title of the officer) personally appeared James Culwell who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the saute in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. aF - t ISA YOIANOA SERRANO W* Notary Public California W17S m and a d official seal. c San Bernardino County Commission # 2496800 •eiro4'�r My Comm, Expires/ ��X' I Sep 1, 2018 (Notary Scal) Signatu of No Pub ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond ('title or description of attached document) City of Diamond Bar - Area 5 (Title or description orattached document continued) Number of Pages 1 Document Date 03/04/25 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM rbty acknowledgment completed in Califcn-rnia must contain verbiage exactly as appears above in the notoy section or a separate acknowledgment form nntst be properly completed and arrached rrr that document. Tire only exception is if a doormen is to be recorded outside of California. In such inslmfces, airy alternative acknondedgment verbiage as may be printed oil such a docunrenr so king as the verbiage does wo require the noiaty to do sonterhing that is illegal jar a ttotary in California Ct.e. certifying the authorized capacity of the signer). Please check file document eareftdly jar pr oper notarial hording and affach this form ifrequired. • State and County information must be the Stale and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), • Print the namc(s) or document signer(s) who personally appear at the time of notari7alion. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helsheltivey is Iffe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary sea[ impression must be clear and photographically reproducible. Impression must not cover text or lines, If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on File with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. s' Indicate title or type of attached document, number of pages and date_ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e, CEO, CFO, Secretary). •' Securely attach this document to the signed document 2008 Version CAPA v12_ 10-07 800-873-9865 www.NotaryClasses.con 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 Metrocell Constron, Inc. TITLE OF OFFICER SIG I., esld /i_f SIGNATURE DATE March 4, 2025 Please include any additional information available regarding equal opportunity employment programs now in effect within your company: none 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. Metroceli C stru tion (COMPAN BY: President (TITLE) DATE: March 4 , 2025 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. 3 '7 NON -COLLUSION DECLARATION (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) The undersigned declares: I am the President the foregoing bid. of Metrocell Construction, lUc. the party making 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 March 25 [date], at Chino [city] , California [stat ] . Metrocell Construction, Inc. Business Name Signature of/Bidder (must be notarized) 16051 Crosswind Avenue, Chino, Ca 91708 Business Address Attach Notary Acknowledgement Form to this form when submitting 38 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Ber-nardino On March 4, 2025 before me, Lisa Y. Serrano, Notary Public (I [ere insert name and title or the officer) personally appeared James Culwell who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. N1 -a *my LISA YOLAAh.NDA SERRANO Notary Public • California WiTNE ha and official seal. San Bernardino County Commission # 2496800 Comm. Expires Sep 1, 2028 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Non -Collusion Affidavit (Title or description of attached document) City of Diamond Bar - Area 5 (Title or description of attached document continued) Numher of Pages I Document Date 03/04/25 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (S) IIR Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM An)- acknowledgment completed in California innst contain verbiage exactly as appears abore in lire notary section or a separate acknowledgmenr form louse be properly completed and attached to that document The aryly exception is if a dncumenl is to be reconled outside of Califoiria. In such ins+daces, ant• ahernative ackrrowledgmew verbiage as ma), be pritired oir such a document so long as the verbiage does nor rrquire the notate to do something than is illegal for a notary in California (i.e. certifying the awhorLed capacity of the signer). Please check the docruncert carefully for proper notarial rew•ding and atiach This farm ifregairied • State and County information must be the State and County where the documcot signer(s) personally appeared before the notary public for acknowledgment. • Dale of notarization must be (he date that the signer(s) personally appeared [which must also be the same date the acknowledgment is completed. • The notary puhlic must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) - • Print the name(s) of document signer(s) who personalty appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i,e. helshe&ey; is /ere ) or circling the correct forms- Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must [Hatch the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document - Indicate title or type of attached document, number of pages and date, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 w"v-NotaryClasses.com d,,eo- 01 oku C r4 Bidder Agrees to Execute Agreement In Substantial[V This Form AGREEMENT The following agreement ("AGREEMENT") is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, CITY accepted the bid of CONTRACTOR and; WHEREAS, CITY has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the AREA 5 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT (CIP NO. S1254, CDBG NO. 602671-24) in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the AREA 5 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT (CIP NO. S1254, CDBG NO. 602671-24) in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated January 2025 (The Plans and Specifications) on file in the office of the City Cleric and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2, INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated together with this AGREEMENT, shall constitute the contract between the parties. This AGREEMENT is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this AGREEMENT, the following order of precedence shall apply: (1) This AGREEMENT; (2) The Plans and Specifications; and (3) Contractor's bid. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation in the amount of shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Final payment 39 to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3. 4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within thirty (30) working days from the date of the notice to proceed. CONTRACTOR agrees further to the assessment of liquidated damages in the amount of seven hundred and fifty dollars ($750) for each calendar day the work remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this AGREEMENT. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractorto commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the CITY a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $1,000,000 per accident for bodily injury and property damage. Rai 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by CITY, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage." 5) Otherwise be in form satisfactory to the CITY. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY. e. The CONTRACTOR shall, prior to performingany work under this AGREEMENT, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. f. Self Insured Retention/Deductibles. All policies required by this AGREEMENT shall allow CITY, as additional insured, to satisfy the self - insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR 41 or deductible constitutes a material breach of this AGREEMENT. Should CITY pay the SIR or deductible on CONTRACTOR's behalf upon the CONTRACTOR's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this AGREEMENT in addition to any other damages incurred by CITY due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. CITY also shall cause a copy of such determinations to be posted at the job site. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this AGREEMENT, by 'him or by any subcontractor under him. CONTRACTOR and any its subcontractors must be registered with the Department of Industrial Relations pursuant to tabor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTORS on the public works site are making such contributions. CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a.legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 42 CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm; entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith, b. CONTRACTOR will promptly pay any judgment renderedagainst CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this AGREEMENT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts. for only a 43 percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of CITY. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the AGREEMENT and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this AGREEMENT or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this AGREEMENT because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in tabor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and CITY's ability to draw from this fund, are conditions precedent to CITY's obligation to make payments to CONTRACTOR. The claim shall be processed as more fully set forth in the Plans and Specifications. 14. TERMINATION:. This AGREEMENT may be terminated by the CITY, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. Upon receipt of such notice, Contractor shall immediately cease work, unless otherwise directed by the Notice of Termination. In the event of such termination, Contractor shall be paid for services satisfactorily rendered and expenses reasonably and necessarily incurred prior to the effective date of termination, unless the Notice. of Termination is issued for cause, in which event the City may withhold any disputed compensation. Contractor shall not be entitled to any claim for lost profits. 44 State of California "CONTRACTOR'S" License No. CONTRACTOR'S Business Phone: CONTRACTOR'S emergency phone which can be reached at any time: IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT with all the formalities required by law on the respective dates set forth opposite their signatures. By. - Title: Date: By: Title: Y Date: CITY OF DIAMOND BAR, CALIFORNIA By: DAN FOX, CITY MANAGER Date ATTEST: By: KRISTINA SANTANA, CITY CLERK Date = a10i1I12 1 7_%Vto] IIIQ AJI OMAR SANDOVAL, CITY ATTORNEY Date 45 *NOTE: If Contractor is a corporation, the City requires the following signature(s): - The Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR - The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 46 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: Y1: County Lobbying Certification [);�2: Request for Additional Classification and Rate 3: Contractor's List of Proposed Subcontractors Wr 4: Worker's Compensation Certification 5� 5: Non -Segregated Facilities Certification �6: Past Performance Certification C 7: Notice of Equal Employment Opportunity Commitment Ri 8: Non Collusion Declaration [?�9: Federal Lobbying Certification COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm: Metrocell Construction, Inc. Address: 16051 Crosswind Avenue, Chino State,- Ca Zip Code: 91708 Telephone Number: (562 ) 318-4774 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 personlentitylfirm who applies for a 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 personslentitieslfirms 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 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 contract with Los Angeles County and the Los Angeles County Development Authority. Authorized Official: Metrocell Construction, Inc. By: (C ontrnctorl5 ub contractor) February 24, 2025 (Dale) President Mdc) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE oMBApproval Number 2501-0011 (Exp. M112622) 1. FROM (name and address of requesting agency) 2. PROJECT NAME AND NUMBER TO BE DETERMINED CDBG Area 5 Residential Neighborhood ADA Curb Ramp improvement Project 3. LOCATION OF PROJECT (City, County and State) Dimaond Bar, California (Los Angeles County) 4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION Concrete, ADA Curb Ramp Improvements ❑ Building ❑ Residential ❑ Heavy ® Other (specify) ❑ Highway fi. WAGE DECISION NO. (include modification number, if any) DATE of WAGE DECISION: 7. WAGE DECISION EFFECTIVE DATE (LOCK -IN): ❑ COPY ATTACHED g. WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) OPERATING ENGINEER TBD TBD CEMENT MASON LABORER 9. PRIMP CONTRACTOR,,(name, address) 9a. 10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE 11 (name, address) M 'trocell , onstruc pion, Inc. ❑ Agree ❑ Disagree 9 .SIGT DATE Check/AII That A ❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. ❑ 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 Log m . (Typed name and signature) Log out: Phone Number 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 IXhas, ❑has not, participated in a previous contract or subcontract subject to the Equai Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she rhas, El has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance (OFCCP), 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. Date: 10/2024 Project Number: 2024-0004 PW ContractAward: $ 250,400.00 Awarding Agency: City of Chino Contractor N-ame, Metrocell Construction, Inc. Affiliat46C IN Title: P Total Number of Employees 122 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). 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_ by; (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. w W m LLJ n C N a E E N m a� d w lf� W t c ea C U Q -� c � U � z c o' Lu G z \ AAl vl _ y N �V E z G �© 0 6 to �qq w -0 Vi Cn ti z U 4J 2 C H S 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: March 4, 2025 Project Number: (-,�0 Z �-7 � — 2-4 Project Name: CDBG Area 5 Curb Ramp Project Company Name: Metrocell Construction, Inc. Address: 16051 Crosswind Avenue, Chino, Ca 91708 Print Name: James Culwell Title: President Signature: 11 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. 2. 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 foremployees 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: March 4, 2025 Company: Metrocell Construction, Inc. Address: 1605 By: _ 7 Title: James C Project Number: (g2ol -W swipT Avenue, Chino, Ca 91708 EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT TO: TBD {Name of Labor Union, Workers Representative, etc. Name of Business (contractor): (Address) Metrocell Construction, Inc. Project Name: CDBG Area 5 Curb Ram Project Project Number: The Undersigned currently holds a contract with City of Menifee , 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., James Culwell By (Print Name) March 4, 2025 (Date) President (Tits) 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 BID The undersigned declares: President of Metroceil Construction, Inc. I am the ____ of ____, 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 on4thfdate], a�hin?City], Ca-Istate]." FEDERAL LOBBYIST CERTIFICATION Name of Firm: Metrocell Construction, Inc. Address: 16051 Crosswind Avenue State: California zip Code: 91708 Telephone Number: (562 ) 31$-4774 Acting on behalf of the above named firm as its Authorized Official, I make the following Certification 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: Metrocell Construction, Inc. By: (Co n tra c to r!S u h c on tra c t nr ) March 4, 2025 (Date)