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HomeMy WebLinkAbout1G OCR CITY COUNCIL STAFF REPORT DATE: JUNE 5, 2023 CONSENT CALENDAR SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO UNIFIED FIELD SERVICES CORPORATION IN THE AMOUNT OF $2,167,854 FOR THE WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS, CITY PROJECT 21-05 FROM: Scott C. Stiles, City Manager BY: Engineering Services Department SUMMARY: Award of this contract will allow the City to proceed with construction to rehab eleven (11) sludge drying beds at the City’s Wastewater Treatment Plant (WWTP). RECOMMENDATION: 1. Award the construction contract to Unified Field Services Corporation, a California corporation, in the amount of $2,167,854 for the WWTP Sludge Drying Beds, City Project No. 21-05 (the “Project”). 2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $216,785 (10%) with all change orders reported to the City Council at project completion. 3. Authorize the City Manager or designee to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: The Public Integrity Disclosure form from Unified Field Services Corp is included as Attachment A. BACKGROUND: On April 21, 2010, the City Council approved the Wastewater Treatment Plant Capital Repair and Rehabilitation Plan. Staff identified 30 capital projects required at the City’s WWTP at a projected cost of $67 million. The City Council authorized Staff to proceed with five projects considered top priority. They were the Digester No. 1 Rehabilitation Item 1G - Page 1 City Council Staff Report June 5, 2023 -- Page 2 Award Const Contract WWTP Sludge Beds CP 21-05 Project, Plant Reclaimed Water Upgrades, Gravity Thickener Upgrades, New Perimeter Security Fence, and Electrical System Update. The total for these projects was $8 million. On December 7, 2016, the City Council awarded a construction contract for the WWTP Upgrades Project. This included many of the remaining projects considered top priority, which were the new Headworks, Primary Clarifiers, Influent Pump Station, and Sludge Centrifuge. The project was completed in 2018 at a total cost of $31.4 million. On November 14, 2018, the City Council authorized a purchase order to MWH Constructors, Inc., (now Stantec) to update the prior 2010 Wastewater Treatment Plant CP 21-05 Sludge Drying Beds Capital Repair and Rehabilitation Plan and complete a rate study. On April 22, 2021, the City Council reviewed and approved the 2021 Wastewater Capital Rehabilitation and Repair Plan. The 2021 Plan included a 5-Year Capital Improvement Program (CIP) for the WWTP, identifying 14 projects totaling approximately $80 million, with no increases to the rate payers for the next five years. The WWTP Sludge Drying Beds Project is a priority of the CIP. There are eleven (11) sludge drying beds that require rehabilitation. The Project consists of removal of the existing asphalt concrete pavement bottoms and replacement with new Portland cement concrete bottoms. In addition, the existing concrete masonry walls that separate neighboring sludge drying beds will be replaced with reinforced concrete partition walls. STAFF ANALYSIS: On March 27, 2023, the Engineering Services Department advertised the Project to plan rooms, the local paper and through the City’s online procurement program PlanetBidsTM to allow the submissions of bids electronically. On May 2, 2023, the Engineering Services Department received three bids from the following contractors: Company Location Bid Amount Unified Field Services Corp. Bakersfield, CA $2,167,854.00 Metro Builders & Eng. Group Newport Beach, CA $2,276.182.64 Steve P. Rados, Inc. Santa Ana, CA $2,390,000.00 Unified Field Services Corp. submitted the lowest responsive bid in the amount of $2,167,854. The engineer’s estimate for the Project was originally $1,658,000. A copy of the construction agreement is included as Attachment B. ENVIRONMENTAL ASSESSMENT: In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or Item 1G - Page 2 City Council Staff Report June 5, 2023 -- Page 3 Award Const Contract WWTP Sludge Beds CP 21-05 reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the WWTP Sludge Drying Beds, City Project No. 21-05, is considered categorically exempt from CEQA. ALIGNMENT WITH STRATEGIC PLANNING: This project aligns with City Council Priority 2 – Community Infrastructure. FISCAL IMPACT: The budget for the Project was $1,632,200 in Wastewater funds. An accounting of the Project budget is shown in Table 1 below. TABLE 1 Project Accounting Amount Budgeted Measure “Wastewater” Funds $1,632,200 Construction Contract ($2,167,854) Contingency (10%) ($216,785) Administration, Engineering, Construction Support ($247,561) Budget Remaining $(1,000,000) The Project, as bid, had a budget deficit of one million. Due to the budget deficit, Staff is requesting an appropriation of $1,000,000 from the Wastewater Fund Balance to cover the shortfall. There is sufficient funding in the Wastewater fund to cover the shortfall. Funds not used for the construction of the project will be returned to the Wastewater fund account. REVIEWED BY: City Engineer: Joel Montalvo Deputy City Manager: Flinn Fagg City Manager: Scott Stiles ATTACHMENTS: A. Public Integrity Disclosure Form B. Construction Agreement Item 1G - Page 3 Attachment A Item 1G - Page 4 Item 1G - Page 5 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity UNIFIED FIELD SERVICES CORPORATION 2. Address of Entity (Principle Place of Business) 6906 DOWNING AVENUE BAKERSFIELD CA 93308 3. Local or California Address (if different than #2) SAME AS ABOVE 4. State where Entity is Registered with Secretary of State STATE OF CALIFORNIA If other than California, is the Entitv also registered in California?• Yes • No 5. Type of Entity 129 Corporation • Limited Liability Company • Partnership • Trust • Other (please snecif"' 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for/he member, manager, trust or other entity Wesley R Furrh, Jr., President/CEO/Secretary/Treasurer 129 Officer • Director • Member • Manager • General Partner • Limited Partner • Other Joseph Watkins, Vice President IZl Officer • Director • Member • Manager SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 • General Partner • Limited Partner • Other • Officer • Director • Member • Manager • General Partner • Limited Partner • Other CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of2 Item 1G - Page 6 7. Owners/Investors with a 5% benefi cial interest in the Applicant Entity or a related entity EXAMPLE: Jane Doe 50%, ABC Company, In c. [nam e of owner/investor] [perce ntage of benef icial interest i n entity and name of entity] A. W esley R Furrh , Jr. PresidenUCEO/Secretary/Treasurer 75%, Unified Field Services Cor12o ra tion [name of owner/investor] [percentage of beneficia l interest in entity and name of entity] B. Joseph Watkins, Vice President 25%, Unified Field Services Corporation [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D . [name of owner/investor] [percentage of beneficial inte rest i n entity and name of entity] E. [name of owner/in vestor] [percentage of beneficial interest i n entity and name of en t ity] I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE ST ATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Date April 24, 2023 PENALTIES Fa lsification of information or fa il ure to report informat ion requ ired to be reported may subj ect you to administrative action by the City. SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 CITY OF PALM SPRIN GS -PUBLI C INTEGR ITY DISC LO SU RE APPLICANT DISCLOSUR E FORM Page 2 of 2 Item 1G - Page 7 Who Must File? CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more. When Must I File? You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. (We are collecting this with the bid proposals) What Must I Disclose? 1. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). Notes: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed on an additional, separate form. 2. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions. USE ADDITIONAL PAGES AS NECESSARY What if I Have Questions? If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, cityclerk@palmspringsca.gov. SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) Attachment B Item 1G - Page 8 SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 1 55575.18165\34351901.2 AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this day of , 20 , by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Unified Field Services, Corporation hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: SLUDGE DRYING BEDS 16-18 AND 19 – 26 REHABILITATIONS CITY PROJECT NO. 21-05 The Work comprises of the rehabilitation of eleven (11) of twenty-six (26) existing sludge drying beds, including removal of the existing asphalt concrete pavement bed bottoms, and replacement with new steel reinforced Portland Cement concrete (PCC) bottom. The work shall also include protecting-in-place the existing reinforced concrete walls retaining beds 19-26, as well as protecting-in-place the existing CMU walls retaining beds 13-16. All skimmer boxes, inlet boxes, and drainage facilities shall be protected-in-place, as detailed within the contract documents. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project Item 1G - Page 9 SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 2 55575.18165\34351901.2 retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 3 -- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is $2,167,854. Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non-Discrimination Certification, Non- Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Item 1G - Page 10 SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 3 55575.18165\34351901.2 Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 -- NOTICES All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. ARTICLE 8 -- INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney’s fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 “Indemnification,” of the Special Provisions, which are hereby referenced and made a part hereof. ARTICLE 9 -- PREVAILING WAGES Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. Item 1G - Page 11 SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 4 55575.18165\34351901.2 ARTICLE 10 -- CONFLICT OF INTEREST Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. ARTICLE 11--NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 12 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. Item 1G - Page 12 SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 5 55575.18165\34351901.2 ARTICLE 13 – PROJECT LABOR AGREEMENT 13.1 Generally The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work. Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as "Attachment A" and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first. 13.2 Subcontractors Contractor shall include and shall require all of Contractor’s subcontractors of any tier to include contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost. 13.3 Condition of Payment Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement. 13.4 Reformation Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction. 13.5 Conflicts In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control. 13.6 Costs of Compliance Contractor represents and warrants that it has included in its bid all costs of compliance Item 1G - Page 13 SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 6 55575.18165\34351901.2 with the requirements of this Section 13. 13.7 Not a Limitation The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents. SIGNATURES ON NEXT PAGE Item 1G - Page 14 SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 7 55575.18165\34351901.2 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, CALIFORNIA By Scott C. Stiles City Manager ATTEST: By Brenda Pree City Clerk APPROVED AS TO FORM: By Jeffrey S. Ballinger City Attorney RECOMMENDED: By Joel Montalvo, P.E. City Engineer APPROVED BY THE CITY COUNCIL: Date Agreement No. Item 1G - Page 15 SLUDGE DRYING BEDS CITY PROJECT NO. 21-05 MARCH 2023 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 8 55575.18165\34351901.2 CONTRACTOR By: Firm/Company Name By: Signature (notarized) By: Signature (notarized) Name:_ Name:_ Title:_ Title:_ 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. (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of ) County of )ss (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of ) County of )ss On before me, personally appeared 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 signatures(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. Notary Signature: Notary Seal: On before me, personally appeared 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALT Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: Item 1G - Page 16