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2016/09/27 COPP Contracting, Inc. Patio Homes Neighborhood Street Resurfacing, PMP 16-03 CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT PMP 16-03, PATIO HOMES NEIGHBORHOOD STREET RESURFACING This Owner-Contractor Agreement ("Agreement") is made and entered into for the above referenced Project by and between the City of Menifee ("City"), and COPP Contracting, Inc. ("Contractor"), whose principal business address is 6751 Stanton Ave. on the 27th day of September , 2016. In consideration of the mutual covenants and agreements set forth herein, the City and Contractor have mutually agreed as follows: 1. PURPOSES OF CONTRACT City owns the land and the building(s) known as Patio Homes Neighborhood Streets, located in the City of Menifee, California (hereinafter referred to as the "Property"). City participates in the Community Development Block Grant ("CDBG") program administered by the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.) as amended from time to time, and the regulations promulgated thereunder (24 C.F.R. §§ 570 et seq.). Pursuant to the CDBG program,City receives funds from HUD("CDBG Funds")to be used for the support of community development activities that meet at least one of the three national objectives of the program: (i) benefiting low and moderate income persons,(ii)preventing and eliminating slums and blight, and (iii) addressing a community development need having a particular urgency. City intends to use CDBG Funds for the repair and/or rehabilitation of the Property (the "Project"). The purpose of this Agreement is to obligate Contractor to complete the Project utilizing the financial assistance and in accordance with the requirements of the CDBG program. 2. CONSTRUCTION The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit "A" attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the"Work") in a good worker-like and substantial manner and to the satisfaction of the City, in connection with the PMP 16-03, Patio Homes Neighborhood Street Resurfacing to be constructed Patio Homes Neighborhood in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit"A" and all change orders or addenda issued by the City with respect thereto. City must consent in writing to any changes in the scope of Work. Exhibit"A" shall be deemed revised in accordance with any revisions for which City's consent has been issued. Any revisions to the scope of Work for which City's consent has not been issued shall be null and void. 3. CONTRACT PRICE City hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit `B", Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 4. TIME FOR PERFORMANCE Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the City in accordance with these Bid and Contract Documents. The Contractor shall complete the Work in every detail to the satisfaction of the City, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. 5. DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. 6. LABOR CODE REQUIREMENTS Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.] Pursuant to Labor Code section 1771.4, each contractor and subcontractor must furnish electronic certified payroll records specified in Labor Code section 1776 directly to the Labor Commissioner at least monthly. 7. NON-DISCRIMINATION In the performance of this Agreement,the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person,with respect to such person's compensation,terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 8. AUTHORIZED CITY REPRESENTATIVES On behalf of the City, the City Engineer of the City of Menifee shall be the City's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees. 9. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder,as Contractor,I certify that 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 the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 10. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the City and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 11. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books,documents,papers,employee time sheets,accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for five (5) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished to City if requested. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 12. CDBG REQUIREMENTS Contractor shall perform the Work in conformity with all applicable federal, state, and local laws, regulations, and rules of governmental agencies having jurisdiction, including without limitation, the CDBG Requirements (except that (1) Contractor does not assume the environmental responsibilities described in 24 C.F.R. § 570.604, and (2) Contractor does not assume the responsibility for initiating the review process under the provisions of 24 C.F.R.Part 52),the legal requirements set forth in Exhibit C attached to this Agreement and the statutes referenced therein, all provisions of the Municipal Code of the City of Menifee, and all federal and state fair labor standards, including the payment of prevailing wages and compliance with the Davis-Bacon Act. "CDBG Requirements" shall collectively refer to the requirements of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.) as amended from time to time, and the implementing regulations set forth in 24 C.F.R. §§ 570 et seq. as amended from time to time, and the requirements set forth and referred to in Exhibit C attached to this Agreement. In the case of any conflict between the CDBG Requirements and this Agreement, the CDBG Requirements shall control; it being understood, however, that in order to be in compliance with this Agreement and the CDBG Requirements, Contractor shall,to the extent possible,comply with the most restrictive provisions in this Agreement and the CDBG Requirements. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be and remain, and shall cause Contractor personnel to be and remain, fully knowledgeable and apprised of all local, state and federal laws, rules, and regulations in any manner affecting the performance under this Agreement, including the CDBG Requirements. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. In accordance with the provisions of Labor Code Sections 1810 et seq., eight(8) hours is the legal working day. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor shall indemnify, protect, defend, and hold harmless City and its officials, officers, employees, and agents,with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense and/or"increased costs" (including reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses)that results or arises in any way from any of the following: (a)the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state or federal prevailing wages and hire apprentices); (b) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or(c) failure by Contractor to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. The foregoing indemnity shall survive termination or expiration of this Agreement. It is agreed by the parties that Contractor shall bear all risks of payment or nonpayment of prevailing wages under federal law and California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. "Increased costs," as used in this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. 13. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the City. City shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 14. LICENSES AND PERMITS Contractor represents and declares to City that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 15. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California,and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch 16. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. CALIFORNIA ALL-PURPOSE 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 SEPT. 27, 201 6 before me, YOLANDA LUJAN — NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared EZEKIEL A. COPP AND ERLINDA COPP Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4s/are subscribed to the within instrument and acknowledged to me that a/they executed the same in t er/their authorized capacity(ies), and that by hisAier/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. WITNESS my hand and official seal. � A U AN Signature COMM#2074108 a Sign yueof Notary Public S Notary NGEC-California ORANGECOUNIY t MICommi11b11 piesAug.7,2018£ Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: CONTRACTS Document Date: _ SEPT. 27, 2016 Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: EZEKIEL A. COPP Signer's Name: ERLINDA COPP ® Corporate Officer — Title(s): PRESIDENT X1 Corporate Officer — Title(s): SECRETARY ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: COPP CONTRACTING, INC. COPP CONTRACTING, INC. 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 17. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 17, above: (Initial) (Initial) 18. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the City and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. CITY: CONTRACTOR: City of nifo�,I/ COPP CONTRACTING, INC. By: CV/ �/� BY Nam : EZEKIEL A. Corr Scott A. Mann, Mayor Its: PRESIDENT APPROVED AS TO FORM: By: i Name: RELINDA COPI BY: Its: SECRETARY eff y T. Melchin ity Attorney ATTEST: B Contractor's City Business License No. (10 #384209 "A" State Contractor License No. & Class 6751 STANTON AVE. Street Address BUENA PARK CA 90621 EXHIBIT A CONTRACT DOCUMENTS Owner-Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) Special Federal Provisions including Community Development Block Grant Program Requirements and Disbursement Instructions Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, telephone, and cable television company specifications and standards EXHIBIT B CONTRACT PRICE The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums,determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the City. The total contract amount for Schedule A + B is in the not-to-exceed amount of$ 410,188.40 (Four Hundred Ten Thousand One Hundred Eighty-Eight Dollars and Forty Cents). PATIO HOMES NEIGHBORHOOD STREET RESURFACING BIDDER'S PROPOSAL (continued) PMP No. 16-03 BIDDER'S PROPOSAL PATIO HOMES NEIGHBORHOOD RESURFACING PROJECT PMP NO. 16-03 The undersigned hereby proposes to furnish any and all labor, materials,and equipment for the PATIO HOMES NEIGHBORHOOD STREET RESURFACING, PMP No. 16-03,and appurtenant work in connection therewith,said work to be done and materials to be furnished in strict conformity with the plans, specifications, all other referenced documents and all codes and regulations the prices shown on this proposal. The undersigned has examined the location of the proposed work, and is familiar with the plans and specifications and the local conditions at the place the work is to be done, and also understands that the project will be completely constructed in turn-key condition acceptable to the Owner be for the price of the proposal, including all fees and sales tax upon any materials so furnished. The undersigned has also carefully checked all of the figures given and understands that the Owner will not be responsible for any errors or omissions on the part of the undersigned in submitting this proposal. The Contractor confirms that his/her bid is submitted with respect to the changes to the contract included in all addenda issued by the Owner. Receipt is hereby acknowledged of Addenda No.(s) #1 & #2 The undersigned has examined the current Federal and State of California schedule of prevailing wage rates for the types of work to be done on this project and agrees to pay a rate not less than the higher of these schedules. Bid Forms/Documentation Requirements Checklist ® BIDDER'S PROPOSAL/ADDENDA ACKNOWLEDEMENT QX BID SCHEDULE FORM (SCHEDULE A&B) QX CERTIFICATE REGARDING CONTRACTOR'S LICENSE Q BID CASHIER'S CHECK OR BID BOND QX CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION ❑X NON-COLLUSION AFFIDAVIT 0 DESIGNATION OF SUBCONTRACTORS OCONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE ❑X COPY OF CA DEPT OF INDUSTRIAL RELATIONS(DIR)REGISTRATION ®APPENDIX 5—CDBG FEDERAL PROVISIONS 1-2 PATIO HOMES NEIGHBORHOOD STREET RESURFACING BIDDER'S PROPOSAL (continued) PMP No. 16-03 BID SCHEDULE FORM All Bidders are REQUIRED to use unit prices where indicated and to complete this schedule. All items shall be complete and in place per Plans and these Bid and Contract Documents. SCHEDULE A—STREET RESURFACING ITEM ESTIMATED EXTENDED ITEM No. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 1 1 LS Mobilization/Demobilization not to 14,000.00 14,000.00 exceed $ 15,000.00 2 Public Notifications 1 LS 16,000.00 16,000.00 3 Implementation of BMP's 1 LS 1,000.00 1,000.00 (SD inlet protection) 4 Traffic Control 1 LS 20,000.00 20,000.00 5 Clearing and Grubbing I LS 1,500.00 1,500.00 6 Sawcut existing AC 438 LF 1.50 657.00 Remove and properly dispose of 7 existing AC and Base to a depth of 96 SY 68.75 6,600.00 6". 8 Cold plane 2" existing AC 2,370 SF 3.00 7,110.00 pavement 9 4"thick C2-PG 70-10 AC 65 TON 160.00 10,400.00 Polymer Modified Rejuvenating 10 Emulsion (PMRE) scrub seal with 43,000 SY 2.34 100,620.00 5/16" (medium Fine) screenings 1 1 Type II-CQS-1 h polymer modified SY 1.70 73,100.00 Slurry Seal 43,000 12 Remove and replace Stop Bar and 3 EA Legend 850.00 2,550.00 j 13 Blue Dot installation per City Std. 22 EA 12.00 264.00 No. 705 14 Field Orders (not to exceed) LS 1 $5,000 $5,000 TOTALSCHEDULEA 258,801.00 1-3 PATIO HOMES NEIGHBORHOOD STREET RESURFACING BIDDER'S PROPOSAL (continued) PMP No. 16-03 SCHEDULE B -ADA RAMP RETROFIT ITEM No DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED ITEM QUANTITY AMOUNT 1 Sawcut existing PCC LF 694 2.00 1,388.00 *2 Remove PCC(for ADA ramps retrofit) SY 830 59.18 49,119.40 3 Replace PCC Cross Gutter(8"thick) SF 1,400 16.00 22 400.00 Replace 6"Curb and Gutter per City 4 Std.No. 200 LF 640 47.00 30,080.00 ** Install PCC access Ramps Type I per 2,200.00 44,000.00 5 City Std. No.405 EA 20 **6 Install PCC access Ramps Type II per EA 2 2,200.00 4,400.00 City Std. No.406 TOTAL SCHEDULE B 151,387.00 * include all work and labor necessary to remove and dispose of all existing concrete or other material. Existing concrete will be sawcut at the terminus of a complete panel or joint to the satisfaction of the Engineer. The area to be removed may need to extend beyond the dimensions shown in the Contract Documents or reference drawing(s) to provide enough transition area so all new work placed is ADA compliant. Contractor shall investigate each location and ensure all necessary work including the transitions areas are included in the cost of the bid item. Bid item also includes up to 6-in of export and/or import. Bid item also includes the cutting back of any roots. The Contractor shall provide the City with 48 hours advance notice in writing prior to any root trimming to confirm the limits with City Staff. Unit cost also includes removal, replacement, relocation, and/or adjustment to grade of any public and/or private improvements during demolition and/or construction as necessary to complete the work, including but not limited to, asphalt (including cold milling), landscaping, fencing, irrigation, utility meter boxes, manholes, cleanouts, survey markers of any kind, posts, and signs. ** The contractor shall be responsible for ensuring any newly constructed work is ADA compliant which may include modifications to standard drawings to address site/location specific issues. If any of the work installed is not ADA compliant, at the sole discretion of the Engineer, said work shall be immediately removed and replaced at no charge to the City. TOTAL BID AMOUNT SCHEDULE"A"AND "B" (in numbers): $410,188.40 FOUR HUNDRED THEN THOUSAND ONE HUNDRED EIGHTY—EIGHT DOLLARS AND FORTY CENTS--- TOTAL BID AMOUNT SCHEDULE ""A"AND "B" (in words): FOUR HUNDRED TEN THOUSAND EIGHTY—EIGHT --------- Dollars and FORTY----- Cents Contractor's InitialsLAC" 1-4 I PATIO HOMES NEIGHBORHOOD STREET RESURFACING BIDDER'S PROPOSAL (continued) PMP No. 16-03 In the event of a variation between the unit price and extended total,the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award. The lowest responsive bidder shall be determined by comparing sum of the base bid amount(s) with that of all additive or alternative bids (if any) of bidders deemed by the Owner to be responsive in all other aspects. If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Owner. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Owner. The Owner's determination as to the reasonableness of any such bid shall be final. All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection. The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied,that the actual quantities of work to be done will correspond therewith. Item numbers followed by "(S)" are designated as specialty items. By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein and that all the aforementioned has been included in the bid prices listed above including items of work that may not have a specific pay line item and that there shall be no additional costs to the Owner. WARNING: If an addendum or addenda have been issued by the Owner and not noted above as being received by the bidder,this Bid may be rejected. Complete the following: COPP CONTRACTING, INC. Legal name of the business CORPORATION Business Type(Corporation,Partnership,Sole Proprietor) N/A DBA(if any) EZEKIEL A. COPP — PRESIDENT Name and title of the owner ERLINDA COPP — SECRETARY Name and title of second partner or officer 1-5 PATIO HOMES NEIGHBORHOOD STREET RESURFACING BIDDER'S PROPOSAL (continued) PMP No. 16-03 6751 STANTON AVE. BUENA PARK CA 90621 Business Address 714 522 7754 Telephone number 714 522 2074 Facsimile number CC@COPPCONTRACTING.COM Email address of primary contact COPPCONTRACTING.COM Company web address AUG. 30 2016 AUG. 30, 2016 SigrIgure of Prime Con'ractor Date Signature of Prime Contractor Date EZEKIEL A. COPP — PRESIDENT ERLINDA COPP — SECRETARY Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) 1-6 EXHIBIT C SUMMARY OF LEGAL REQUIREMENTS In addition to the requirements set forth in other provisions of the Agreement, Contractor shall comply, and shall cause all of Contractor's personnel to comply, with the following regulations and requirements insofar as they are applicable to the performance of the Agreement.] 1. Equal Opportunity and Nondiscrimination. a. Title VI of the Civil Rights Act of 1964, as amended, including Public Law 88-352 implemented in 24 C.F.R. Part 1. This law provides in part that 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. In regard to the sale or lease of property, Contractor shall cause or require a covenant running with the land to be inserted in the deed and leases prohibiting discrimination under this Title, and providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Contractor shall enforce such covenant and shall not itself so discriminate. b. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended, including Public Law 90-234. The Fair Housing Act provides in part that there shall be no discrimination in housing practices on the basis of race, color, religion, sex, and national origin. The Fair Housing Act was amended in 1988 to provide protections from discrimination in any aspect of the sale or rental of housing for families with children and persons with disabilities. The Fair Housing Act also establishes requirements for the design and construction of new rental or for-sale multi-family housing to ensure a minimum level of accessibility for persons with disabilities. C. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, including 42 U.S.C. 5301 et. seq., 42 U.S.C. 6101 et. seq., and 29 U.S.C. 794. This law provides in part that no person on the grounds of race, color, national origin, sex, or religion shall be excluded from participation in,be denied the benefits of,or otherwise be subject to discrimination under any activity funded in whole or part with funds under this Title. d. Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including 42 U.S.C. 5301 et. seq. This law provides in part that any grant under Section 106 shall be made only if the grantee certifies to the satisfaction of the Secretary of HUD that the grantee will, among other things, affirmatively further fair housing. e. Executive Order 11246, as amended. This order includes a requirement that grantees and subrecipients and their contractors and subcontractors not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. 1 This exhibit is a list and summary of some of the applicable legal requirements and is not a complete list of all requirements. The description set forth next to a statute or regulation is a summary of certain provisions in the statute or regulation and is in no way intended to be a complete description or summary of the statute or regulation. In the event of any conflict between this summary and the requirements imposed by applicable laws,regulations,and requirements,the applicable laws, regulations, and requirements shall apply. f. Executive Order 11063,as amended,including 24 C.F.R.Part 107. This order and its implementing regulations include requirements that all actions necessary be taken to prevent discrimination because of race, color, religion, sex, or national origin in the use, occupancy, sale, leasing, rental, or other disposition of property assisted with federal loans, advances, grants, or contributions. g. Section 504 of the Rehabilitation Act of 1973, as amended. This Act specifies in part that no otherwise qualified individual shall solely by reason of his or her disability or handicap be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving federal assistance. h. The Americans with Disabilities Act (ADA) of 1990, as amended. This Act prohibits discrimination on the basis of disability in employment by state and local governments and in places of public accommodation and commercial facilities. The ADA also requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a public entity, be designed and constructed in a manner that makes the facility readily accessible to and usable by persons with disabilities. The Act defines the range of conditions that qualify as disabilities and the reasonable accommodations that must be made to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for persons with disabilities. i. The Age Discrimination Act of 1975, as amended. This law provides in part that no person shall be excluded from participation in, be denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal assistance. j. EEO/AA Statement. Contractor shall,in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that it is an Equal Opportunity or Affirmative Action employer. k. Minority/Women Business Enterprise. Contractor will use its best efforts to afford small businesses and minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of the Agreement. As used in the Agreement, the term "small business"means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women-owned business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition,"minority group members" are Afro-Americans, Spanish-speaking, Spanish-surnamed or Spanish-heritage Americans,Asian- Americans, and American Indians. Contractor may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 2. Environmental. a. Air and Water. Contractor shall comply with the following regulations insofar as they apply to the performance of the Agreement: Clean Air Act,42 U.S.C. 7401,et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308,and all regulations and guidelines issued thereunder; and the U.S. Environmental Protection regulations pursuant to 40 C.F.R. Part 50, as amended. b. Flood Disaster Protection Act of 1973. Contractor shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. C. Lead-Based Paint. Contractor shall comply with the Lead-Based Paint Regulations referenced in 24 C.F.R. § 570.608, including 24 C.F.R. Part 35, et. al. d. Historic Preservation. Contractor shall comply with the historic preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 C.F.R. Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties and related laws and Executive Orders, insofar as they apply to the performance of the Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. e. Limitation on Activities Pending Clearance. In accordance with 24 C.F.R. § 58.22 entitled "Limitations on activities pending clearance," neither a recipient nor any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R. § 58.1(b) on an activity or project until HUD or the state has approved the recipient's Request for Release of Funds (RROF) and the related certifications have been approved. Neither a recipient nor any participant in the development process may commit non-HUD funds or undertake an activity or project that would have an adverse environmental impact or limit the choice of reasonable alternatives. Upon completion of environmental review or receipt of environmental clearance, City shall notify Contractor. HUD funds shall not be utilized before this requirement is satisfied. The environmental review or violation of the provisions may result in approval, modification of cancellation of the Agreement. If a project or activity is exempt under 24 C.F.R. § 58.34, or is categorically excluded (except in extraordinary circumstances) under 24 C.F.R. § 58.35(b), no RROF is required and the recipient may undertake the activity immediately after the City has documented its determination that each activity or project is exempt and meets the conditions specified for such exemption under this section by issuing a Notice to Proceed. 3. Uniform Administrative Requirements. The uniform administrative requirements described in 24 C.F.R. § 570.502. 4. Other Program Requirements. Contractor shall carry out each activity under the Agreement in accordance with all applicable federal laws and regulations described in Subpart K of 24 C.F.R. § 570 except for City's environmental responsibilities under 24 C.F.R. § 570.604 and City's responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52. 5. Reversion of Assets. In all contracts through which the City provides CDBG Funds prior to performance of service or work rather than as payment for services or work already retendered, Contractor shall transfer to City(a)any and all remaining, unspent CDBG Funds upon completion of the Project and (b) any accounts receivable attributable to the use of CDBG Funds. In all cases in which equipment acquired, in whole or in part, with funds under the Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under the Agreement were used to acquire the equipment). Equipment not needed by Contractor for activities under the Agreement shall at the election of City either be (a) transferred to City for the CDBG program, or(b) retained by Contractor after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. 6. Relocation. City shall not be responsible for relocating any occupants from any property. If required, Contractor shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs required to comply with all applicable federal and state laws, rules, and regulations, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as amended, and implementing regulations, and HUD Handbook 1378. Contractor shall indemnify, defend, and hold City harmless from and against any claims, liabilities, damages, or losses made against it by tenants or occupants of any property, including without limitation claims for relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission of Contractor pursuant to the provision of relocation assistance. 7. Allowable Costs and Audits. Contractor shall comply with and administer the Project in accordance with OMB Circular No. A-122 "Cost Principles for Non Profit Organizations" or OMB Circular No. A-21 "Cost Principles for Educational Institutions", as applicable. If Contractor is a governmental or quasi-governmental agency,the applicable sections OMB Circular A-87"Cost Principles for State,Local,and Indian Tribal Governments"shall apply. Contractor shall have an annual audit conducted in accordance with OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 8. Records and Reports. Contractor shall provide to City and shall cause each of its contractors, subcontractors, and subrecipients to provide to City all records and reports relating to the Project that may be reasonably requested by City in order to enable it to perform its record keeping and reporting obligations pursuant to the CDBG Requirements, including but not limited to those described in the Agreement and 24 C.F.R. § 570.506. 9. Religious Organizations. If Contractor is a religious organization as defined by the CDBG Requirements, Contractor shall comply with all conditions prescribed by HUD for the use of CDBG Funds by religious organizations, including the First Amendment of the United States Constitution regarding church/state principles and the applicable constitutional prohibitions set forth in 24 C.F.R. § 570.2000). 10. Conflict of Interest. Contractor will comply with 24 C.F.R. 570.611 regarding the avoidance of conflict of interest, which provisions include (but are not limited to) the following: i. Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds. ii. No employee, officer or agent of the Contractor shall participate in the 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. iii. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer,or elected or appointed official of the City,the Contractor,or any designated public agency. 11. Political Activity (24 C.F.R. § 570.207(a)(3)). Contractor is prohibited from using CDBG Funds to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as sponsoring candidate forums, distributing brochures, voter transportation, or voter registration. 12. Anti-Lobbying Certification. By its execution of the Agreement, Contractor hereby certifies that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of it,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 any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. 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 of 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, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. iii. It will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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. This certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. 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. At the request of City, Contractor shall execute a separate document that contains the certifications set forth above. 13. Drug-Free Workplace Requirements. Contractor shall comply with and be subject to the requirements of the federal drug-free workplace requirements, which include the following actions be taken: i. Publishing a statement notifying employees that the unlawful manufacture, distribution,dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. ii. Establishing an ongoing drug-free awareness program to inform employees about: (a) the dangers of drug abuse in the work place; (b) the employer's policy of maintaining a drug-free workplace; (c) any available drug counseling, rehabilitation, and employee assistance programs; and (d) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. iii. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i). iv. Notifying the employee in the statement required by paragraph (i)that, as a condition of employment under the grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. V. Notifying City in writing, within ten (10) calendar days after receiving notice under sub-paragraph (iv) (b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. vi. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph(iv)(b),with respect to any employee who is so convicted: (a) taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal,state or local health, law enforcement,or other appropriate agency. vii. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v), and (vi). 14. Procurement. Contractor will comply with the procurement standards under 2 C.F.R. §§ 200.317-200.326. Contractor shall comply with all existing and future City policies concerning the purchase of equipment. 15. Labor Provisions. a. Section 3 of the Housing and Community Development Act of 1968. Contractor shall comply with and cause its contractors and subcontractors to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701 u),the HUD regulations issued pursuant thereto at 24 C.F.R. Part 135, and any applicable rules and orders of HUD issued thereunder. The Section 3 clause, set forth in 24 C.F.R § 135.38 provides: i. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701 u ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. iii. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. iv. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135,and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135. V. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. Part 135. vi. Noncompliance with HUD's regulations in 24 C.F.R Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Contractor shall abide by the Section 3 clause set forth above and will also cause this Section 3 clause to be inserted in all contracts relating to the Project, if applicable. b. Labor Standards. Contractor shall comply with the provisions of 24 C.F.R. § 570.603 and related requirements. Contractor shall include in all applicable construction contracts the provisions of federal law imposing labor standards on federally assisted contracts. Contractor shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended (40 U.S.C. 3141 through 3148), the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq. and implementing regulations), the Copeland Anti-Kick Back Act (40 U.S.C. 276c and 18 U.S.C. 874 et seq.), the implementing regulations of the U.S. Department of Labor including 29 C.F.R. Parts 1, 3, 5, 6 and 7, and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of the Agreement. Contractor shall maintain documentation that demonstrates compliance with these provisions and such documentation shall be made available to City and HUD for review upon request. Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. C. HUD Form 4010. Contractor shall comply and cause Contractor personnel to comply with the provisions of HUD Form 4010 attached hereto. HUD Form 4010 must be included in the bid packet and construction contract and subcontracts for the Project. Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination;and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry:and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (i) Minimum Wages. All laborers and mechanics :wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3). the full amount of wages of the action taken shall be sent by HUD or its desianee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR 5 5(a)(1)(iv); also, regular contributions made or costs (c) In the event the contractor, the laborers or mechanics incurred for more than a weekly period (but not less often to he employed in the classification or their than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4)_ representative,will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215-0140.) work is performed. The wage determination (including any (d) The wage rate (including fringe benefits where classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs 1321) shall be posted at all times by the contractor and its (1)(ii)(b) or (c) of this paragraph, shall be paid to all subcontractors at the site of the work in a prominent and :workers performing work in the classification under this accessible, place where it can be easily seen by the contract from the first day on which work is performed in workers. the classification. (ii) (a) Any class of laborers or mechanics which is not (fit) Whenever the minimum wage rate prescribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate,the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met- (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(06!2009) Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OIv1B Control Number 1215-0140 ) Management and Budget under ONIB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (ii) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be,for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i)except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g..the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further httl)://trut�.dot.cot,/esa/.vhd/corms/Vvh3.7instr,htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (i) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be,for transmission to records relating thereto shall be maintained by the HUD or its designee,the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance,' signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010(06..QC09) Page 2 of 5 ref.Handbook 1344.1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly. and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly incorporated into the contract. rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice (c) The weekly submission of a properly executed must be paid at not less than the rate specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph specified in the applicable wage determination. A.3.(ii)(b). Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code, listed on the v:age determination for the applicable (iii) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required .withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the v:ork performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (1) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate)to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall '.wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. ,Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by Previous edit ons are obsolete form HUD-4010(0612009) Page 3 of 5 ref.Handbook 1344.1 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the Participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration withdraws approval of a training program, the contractor (iii) The penalty for making false statements is prescribed will no longer be permitted to utilize trainees at less than in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., until an acceptable program is approved. "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration._... makes, utters or apprentices,trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years,or both." amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary,or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds 5100,000. As used in this paragraph, the subcontractor with all the contract clauses in this temms`laborers°and'mechanics"include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5-12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related .Acts contained in 29 CFR Parts 1, 3, and 5 are workv.sek. herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid vrages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards, 10. (i) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sun)of$10 foreach she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be %ork in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a)of of the overtime wages required by the clause set forth in sub the Davis-Bacon .Act or 29 CFR 5.12(a)(1) or to be paragraph(1)of this paragraph. Previous editions are obsolete fomm HUDA010(0612C09) Page 4 of 5 ref.Handhook 1344.1 (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 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 prince contract, or any other Federally-assisted contract subject to the Contract Mork 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 (2)of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) throuah (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 (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 S100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his 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 Title 29 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 USC 3701 et seg. (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. Previous editions are obsolete form HUD-4010(0612C09) Page 5 of 5 ref.Handbook 1344.1 Bond No.:CSB0021552 Premium:Included with Performance Bond PAYMENT BOND (Bond for Labor and Material) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Menifee, in the County of Riverside, State of California, by minute action passed September 7,2016 , has awarded to Copp Contracting, Inc. hereinafter designated as the "Principal," a contract for construction of the PMP 16-03 Patio Homes Neighborhood Street Resurfacing Program project together with appurtenances thereto, and WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said principal, or any of his or its subcontractors shall fail to pay for any materials, provisions, provender, or other supplies or equipment used in, upon, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth; NOW, THEREFORE, we Copp Contracting, Inc. as Principal, and Contractors Bonding and Insurance Company as Surety, are held and firmly bound unto the City of Menifee, hereinafter called the City, in the penal sum of one hundred percent (100%) of the amount Four Hundred Ten Thousand One Hundred* Dollars ($ 410,188.40 ), 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,jointly and severally, firmly by these presents. *Eighty Eight Dollars and Forty Cents THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender, rented or hired teams, implements, or machinery, or other supplies or equipment of any kind used, in, upon, for or about the performance of the work contracted to be done, including, but not limited to, that part of water, gas, power, light, heat, oil, gasoline, or telephone service directly applicable to the contract, or for any work or labor thereon of any kind, or for any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and subcontractors pursuant to Section 13020 of the California Unemployment Insurance Code with respect to such work and labor, and provided that any person, so furnishing said supplies or equipment contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and supplies or equipment therefore shall have complied with the provisions of Chapter 7 of Title 15 of Part 4 of Division 3 of the California Civil Code, as amended, or any successor thereto, then said Surety shall pay the same in or to an amount not exceeding the amount hereinabove set forth and also shall pay in case suit is brought upon this bond, such reasonable attorney's fees as shall be fixed by the court. The bond shall inure to the benefit of any and all persons, companies, and corporations named in California Civil Code Section 3181, as amended, or any successor CALIFORNIA ALL-PURPOSE 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 SEPT. 27, 2016 before me, YOLANDA LUJAN — NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared EZEKIEL A. COPP Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that he/she�#Fuy executed the same in his/#ieFAl:feir authorized capacity(ies), and that by his/hefAheir-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. WITNESS my hand nd official seal. i....».«..».».»»...»».....«....«....«..� YOLANDA LUJAN COMM#2074108 a Signature ocl F.y'�r' w �Notary Public CaliFornia Sig atu a of Notary Public _ ORANGE COUNTY 2.......�3. My Commission Expires Aug.7,20112 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: PAYMENT BOND Document Date: SEPT. 7, 2016 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: EZEKIEL A. COPP Signer's Name: 11 Corporate Officer — Title(s): PRESIDENT ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: COPP CONTRACTING, INC. 02014 National Notary Association -www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 thereto, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifications of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of work to be performed thereunder. Notices, papers and other documents required by Chapter 2 of Title 14 of Part 2 of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract may be served upon Principal at this address: Copp Contracting, Inc. 6751 Stanton Avenue,Buena Park,CA 90621 and upon Surety at this address:Contractors Bonding and Insurance Company 111 Pacifica,Suite 350, Irvine,CA 92618 IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named, under penalty of perjury, on the 12th day of September , 2016 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Copp Contracting,Inc. Principal By EZ EL A. COPP — PRESIDENT Contractors Bonding and Insurance Company Surety By C� Matthew J.Coats orney-in-Fact Civil Code of the State of California, Section 1188, CERTIFICATE OF ACKNOWLEDGMENT An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms hereinafter prescribed. (INDIVIDUAL) State of California ) County of Riverside ) ss. City of Menifee ) On this day of in the year 2 , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. SEAL Notary Public- State of California (CORPORATION) State of California ) County of Riverside ) ss. City of Menifee ) On this day of in the year 2 , before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named acknowledged to me that the corporation executed it. WITNESS my hand and official seal. SEAL Notary Public - State of California (PARTNERSHIP) State of California } County of Riverside ) ss. City of Menifee ) On this day of in the year 2 , before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. SEAL Notary Public- State of California (ATTORNEY IN FACT) State of California ) County of Riverside ) ss. City of Menifee ) On this day of in the year 2 , before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that hefshe subscribed the name of thereto as principal, and his/her own name as attorney in fact. WITNESS my hand and official seal. SEAL Notary Public- State of California 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 `ems�`iY"•si"�:s.!.5-'��::�Si�ti�".his:^'�_ss;�`'r4Y`�`F��`ti:�s:;ri:.^tits:'�::.iF`.C:2C=,c`Cc�^.x�`'.i��`y'ti:<�:'s�1�`s `Cca.:i�` 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 +off °� Orange ) On SEP 2 2016 before me, Summer L.Reyes,Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J.Coats 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. I certify under PENALTY OF PERJURY under the laws _ of the State of California that the foregoing paragraph is true and correct. SUMMER L.REi Y i. Nowy pubic•CilHomie WITNESS my hand and official seal. 0"County Commbsion#E 2158864 MY Comm.Ex ices Jul 29,2020 i Signature Signature yotary Public 0Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual Ci Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 RLV c is POWER OF ATTORNEY .RtlCompany RLI Insurance Company 9025 N.Lindbergh Dr.I Peoria,IL 61615 Contractors Bonding and Insurance Company Phone:(800)645-2402 1 Fax:(309)689-2036 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company,required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company,each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint: Linda D.Coats,Matthew J.Coats,Summer Reyes,jointly or severally in the City of Laguna Nieuel , State of California as Attorney in Fact,with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings,and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF,RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 14th day of June,2016. """"' RLI Insurance Company kG AND�N''�.� ` ``� p.NCE C", °�io: Contractors Bonding and Insurance Company TP oy aGaPOR rF .m_ �:.40PpG , SEAL .',. SEAL �"� State of Illinois y�° <_ Barton W.Davis Vice President $$ /«INo15 ""CiNOX County of Peoria ) CERTIFICATE On this 14th day of June 2016 I, the undersigned officer of RLI Insurance Company, and/or before me, a Notary Public, personally appeared Barton W. Davis Contractors Bonding and Insurance Company, each Illinois who being by me duly sworn,acknowledged that he signed the above Power corporations, do hereby certify that the attached Power of Attorney is of Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof,I have hereunto set my hand and the seal of the RLI Insurance Com y, and/or Cogtractors Bonding and Insurance Company this day of ,A 4e , _2.�)1(,2 RLI Insurance Company Jacqu ine M.Bockler Notary Public Contractors on ing and Ins rance Company ♦ `OFFICIAL SEAL" NOTARY I= Barton W.Davis Vice President �araieoF,' JACQUELINE M. BOCKLER �« 0p COMMISSION EXPIRES 01114118 '�[1V" 0475409020212 A00591 15 Bond No.:CSB0021552 Premium:$2,461.00 Premium is based on 100%of the final contract amount" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Menifee, County of Riverside, State of California, by minute action passed September 7,2016 has awarded to Copp Contracting, Inc. hereinafter designated as the"Principal", a Contract for construction of the PMP 16-03 Patio Homes Neighborhood Street Resurfacing Program project together with appurtenances thereto, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, we Copp Contracting, Inc. as Principal, and Contractors Bonding and Insurance Company a corporation organized and existing under the laws of the State of Illinois , and duly authorized to transact business under the laws of California, as Surety, are held and firmly bound unto the City of Menifee hereinafter called the Contracting City, in the penal sum of one hundred percent (100%) of the amount of Four Hundred Ten Thousand One x Dollars ($410,188.40 j lawful money of the United Stated of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. .Hundred Eighty Eight Dollars and Forty Cents THE CONDITION OF THE OBLIGATION IS SUCH that, if the hereby bounded Principal, his/hers or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in said Contract and any alteration thereof, made as therein provided all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall faithfully fulfill the one- year guarantee of all materials and workmanship after final acceptance; and shall indemnify and hold harmless the City of Menifee, its officers and agents, as therein stipulated,then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the Contract Documents or of work to be performed thereunder. No final settlement between the Principal and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 27 CALIFORNIA ALL-PURPOSE 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 SEPT. 27, 2016 before me, YOLANDA LUJAN — NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared EZEKIEL A. COPP Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/,4m* #ey executed the same in his/her/#*-authorized capacity(ies),and that by his*eFAi*r 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. WITNESS my hand and official seal. sµ `=' YOLANDA LUJAN Signature i A<< t COMM 42074108 a w Notary Public-Californian SI nat re of Notary Public a ORANGE COUNTY _ ` a� My Commission Expires Aug.7,2011 i».......»........�....... Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: PERFORMANCE BOND Document Date: SEPT. 7. 2016 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: EZEKIEL A. COPP Signer's Name: CXCorporate Officer — Title(s): PRESIDENT ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: COPP CONTRACTING, INC. ©2014 National Notary Association -www.NationaiNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907 Notices, papers and other documents required by Chapter 2 of Title 14 of Part 2 of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract may be served upon Principal at this address: Copp Contracting,Inc. 6751 Stanton Avenue,Buena Park,CA 90621 and upon Surety at this address: Contractors Bonding and Insurance Company 111 Pacifica,Suite 350,Irvine,CA 92618 IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 12th day of September 2016 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Copp Contracting,Inc. Principal 92-tKIEL A. COPP — PRESIDENT Contractors Bonding and Insurance Company Surety By &�/ Matthew J.Coa tttorney-in-Fact 28 Civil Code of the State of California, Section 1188, CERTIFICATE OF ACKNOWLEDGMENT An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms hereinafter prescribed. (INDIVIDUAL) State of California ) County of Riverside ) ss. City of Menifee ) On this day of , in the year 2 , before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. SEAL Notary Public - State of California (CORPORATION) State of California ) County of Riverside ) ss. City of Menifee ) On this day of in the year 2 , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named acknowledged to me that the corporation executed it. WITNESS my hand and official seal. SEAL Notary Public- State of California 29 (PARTNERSHIP) State of California } County of Riverside ) ss. City of Menifee } On this day of in the year 2 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. SEAL Notary Public- State of California (ATTORNEY IN FACT) State of California County of Riverside ) ss. City of Menifee ) On this day of , in the year before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that he/she subscribed the name of thereto as principal, and his/her own name as attorney in fact. WITNESS my hand and official seal. SEAL Notary Public- State of California 267 V13I858-0008 820"03.3 a07115/16 Page I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �5�'i�•�'•�^��''�t'�::�YF'S�.�"�inSk'ti� �'s�C'�Y-`�`s.1':.i'�`�Y:s�:s;:^.e�.�s:�t�Y'.y{-`�`,.t�;x"Y'`.-i�`_G`:f"ti:�:�`s:.�1FtE�..�`C`.GJ.x�` 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 S EP ,122p 16_before me, Summer L.Reyes,Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J.Coats 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SUMMER L. REYES is true and correct. ro"9 Notary Public-California Z Orange County i WITNESS my hand and official seal. Commission#2158864 M Comm.Expires Jul 29,2020 � Signature Signature-f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: • ©2014 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 RLI POWER OF ATTORNEY an RLI Company RLI Insurance Company 9025 N.Lindbergh Dr.I Peoria,IL 61615 Contractors Bondingand Insurance Company Phone:(800)645-2402 1 Fax:(309)689-2036 om P y Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company,required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint: Linda D.Coats,Matthew J. Coats,Summer Reyes,iointly or severally in the City of Laguna Niguel , State of California as Attorney in Fact,with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings,and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF,RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 14th day of June,2016. ono ,,, 0R01 .Eco, RLI Insurance Company kGAND ,. 'c •.?sA=; Contractors Bonding and Insurance Company A ORq r..9Zn% r+OPPOR�Td` I.m: v -.•� SEAL .`,3' SEAL ` State of Illinois 1 you SS T= Barton W.Davis Vice President •l�LINO�`' ONO O`S County of Peoria Jp " 11 CERTIFICATE On this 14th day of June 2016 I, the undersigned officer of RLI Insurance Company, and/or before me, a Notary Public, personally appeared Barton W. Davis Contractors Bonding and Insurance Company, each Illinois who being by me duly sworn,acknowledged that he signed the above Power corporations,do hereby certify that the attached Power of Attorney is of Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof,I have hereunto set my hand and the seal of the RLI Insurance Com ny and/or Co tra tors Bonding and Insurance Company this day of /, o) RLI Insurance Company Jacqu ine M.Bockler Notary Public Contractors on ing and Ins rance Company i "OFFICIAL SEAL' NOTARY E Barton W.Davis Vice President �srar o�! JACQUELINE M.BOCKLER LL[�Ni COMMISSION EXPIRES 011'14!'IB 0475404020212 A0059115