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C35600 - Janitorial Services Wurm's Janitorial Svs Inc.
CONTRACT NO. C35600 CITY OF PALM DESERT OFFICE OF THE CITY MANAGER STAFF REPORT REQUEST: APPROVAL TO AWARD WURM'S JANITORIAL SERVICES, INC. (CORONA, CA) CONTRACT NO. C35600 FOR MONTHLY JANITORIAL SERVICES, IN THE AMOUNT OF $67,514.40, FOR THE PALM DESERT POLICE SUBSTATION (73-520 FRED WARING DRIVE). CONTRACTOR: WURMS JANITORIAL SERVICES, INC. 544 Bateman Circle Corona, California 92880 SUBMITTED BY: Stephen Y. Aryan, Risk Manager DATE: September 22, 2016 CONTENTS: Contract No. 35600 Recommendation By Minute Motion, approve award of Contract No. 35600 to Wurms Janitorial Services, Inc. (Corona, CA) for monthly janitorial service at the Palm Desert Police Substation (73-520 Fred Waring Drive) in the amount of $67,514.40 and authorize the Mayor to execute Contract No. 35600. Strateoic Plan Obiective This matter is not related to any section within the City of Palm Desert's Strategic Plan. Background Wurm's Janitorial Services, Inc has provided monthly janitorial services to the Palm Desert Police Substation (73-520 Fred Waring Drive) since 2011. In September 2013, the Palm Desert City Council awarded Wurm's an annual contract and subsequently approved two one year extensions. This contract expired on June 30, 2016, and the Council authorized (1) going out to bid and (2) a three month extension to the agreement through October 1, 2016. The Riverside County Sherriff's Department occupies both floors of this facility. Sheriff Communications (911 dispatch) and Investigations (Homicide, Narcotics, etc.) Divisions are housed at the Substation. The County and City entered into a lease agreement, and the City has responsibility for maintenance operations, including janitorial services. The County provides a lease payment to the City that is calculated to cover maintenance operations and fair market lease. Please note that the building totals approximately 25,000 square feet. As noted, Staff recently advertised bids for these services as part of a three year agreement, with two annual extensions. As this is a secured and essential public safety facility, any janitorial maintenance staff has to undergo and pass a thorough background check by the Sheriff's Department. The selected vendor has the appropriate security clearance. Staff Report -Palm Desert Police Substation Janitorial Services September 22, 2016 Page 2 of 2 The bid results were as follows: Vendor Monthly 3 Year Cost Extra Work Pricing Extra Work Pricing (Location) Cost (Regular) (O/T) Wurm's janitorial Services, lnc. $1,875.40 $67,514.49 $27.00*/ $ 40.50*/ (Corona, CA) 16.00** $24.00** Dedicated Building Services, LLC. $3,985.00 $143,460.00 $ 23.00 $ 34.50 (Sherman Oaks, CA) Commercial Cleaning Specialists, Inc. $4,010.00 $144,360.00 $18.00 $ 27.00 (Palm Desert, CA) ` Indicated technician pricing for items such as floor, carpet, and window service not otherwise stated in the contract '" Janitorial services pricing Staff respectfully recommends the selection of Wurm's janitorial services at the Palm Desert Police Substation five years and no complaints were received from the accessible and responsive to requests. Fiscal Analysis Janitorial Services, Inc. (Corona, CA) to provide They have provided these services for the last County. Staff has also found the owner to be The current costs of janitorial services at the police substation are $1,754.99 per month. The revised rate with a new three year agreement will be $1,875.40 per month through October 1, 2019, and includes any minimum wage increases during this period. The City has the option of two annual contract extensions based on the performance of the vendor and by mutual agreement. Staff will return to the City Council for any extension of the agreement past October 1, 2019. Council approval of this document will result in a total three year cost of $67,514.40 for janitorial services at the Palm Desert Police Substation. Funding will still have to be approved by the City Council each year as part of the overall Palm Desert City Budget. No appropriation is requested for FY 2016117. Submitted By: Stephen j A�yAn, Risk`man,Ejer Reviewed by: Ja t ore, Director of Finance Approval: i44 G McCarthy, Interim City Ma ger CONTRACT NO. C35600 CONTRACT NO. 35600 AGREEMENT FOR JANITORIAL SERVICES FOR PALM DESERT SHERIFF'S SUBSTATION THIS AGREEMENT is made and entered into the City of Palm Desert on October 1, 2016, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and WURM'S JANITORIAL SERVICES, INC. referred to as "CONTRACTOR" to provide janitorial services at the following City owned facility: 73-520 Fred Waring Drive (Palm Desert Sheriff's Substation). WITNESSETH: RECITALS: CONTRACTOR has submitted to CITY" its Contractor's Bid for the project listed above, 1. PALM DESERT SHERIFF'S SUBSTATION JANITORIAL SERVICES, CONTRACT NO. C35600, in strict accordance with the Contract Documents identified below, CITY has accepted said Bid. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. TERM. The term of this Agreement shall be from October 1, 2016, through October 1, 2019 for a maximum of Thirty-six (36) months, or to such later date as may be agreed in writing between parties. City has the option of twice extending the contract for one year (12 months), based on the performance of the Contractor and by mutual agreement. 2. CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore the total sum of One Thousand Eight Hundred Seventv-Five and 40/100 dollars ($1.875.40) per month as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by the CITY. Total contract shall not exceed Sixtv Seven Thousand Five Hundred Fourteen and 40/100 dollars ($67,514.40) for Thirty-six (36) months, unless additional services are requested. CONTRACT NO. C35600 3. CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the contract documents. 4. HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless The City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of CONTRACTOR, his agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the City of Palm Desert, its official, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONTRACTOR and approved by the City Council of the CITY. 6. TERMINATION. If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a three-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY's Notice of Termination, minus any offset from such payment representing the CITY's damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the CITY's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. 7. CONTRACT DOCUMENTS: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e) Noncollusion Declaration; (f) The General Terms and CONTRACT NO. C35600 Conditions; (g) The Specific Terms and Conditions; (h) Exhibit A -Frequency Schedules (i) The Standard Specifications as modified in other portions of the Contract Documents; Q) Addendum No. 1; (k) Any Change Orders issued; (1) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 8. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 9. ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 10. AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. 11. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: Office of the City Clerk CONTRACTOR CITY OF PALM DESERT LARRY D. STEWART, PRESIDENT 73-510 Fred Waring Drive 544 Bateman Circle Palm Desert, CA 92260 Corona, CA 92880 12. LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. 13. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. CONTRACT NO, C35600 14. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California 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 contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: C"r Signature to be notarized TITLE: CITY: BY: Signature to be notarized ATTEST BY: TITLE: ATTEST BY: TITLE: Mavor of Palm Desert. CA TITLE: Citv Clerk of Palm Desert, CA APPROVED AS TO FORM: ROBERT HARGREAVES CITY ATTORNEY WURM'S Janitorial Services inc. _ w Batem m Circle Corona, CA 92880 Phone:(951) 582-0003 Fax:(951) 582-0W8 Proudly serving The Inland Empire since 1986 City of Palm Desert September 7, 2016 73 -5 10 Fred Waring Drive Palm Desert, CA 92260-2578 Dear Sir / Madam: Subject: Palm Desert Sheriff Substation Janitorial Services Thank you for allowing Wurm's Janitorial Services, Inc. the opportunity to submit this proposal to the City of Palm Desert for the Palm Desert Sheriff's Substation. Submission of this proposal signifies that all terms, conditions, requirements, protest procedures, performance measures, instructions and addendums concerning the award of the RFP: to which this proposal responds, have been read and understood. Further, in signing this letter, as the authorized representative of the submitting bidder, it is expressly agreed by the bidder that failure to have provided accurate and truthful information in this proposal or any deviation from any requirement of performance measure stated in the RFP shall constitute grounds for rejection of this proposal. Wurm's Janitorial Services, Inc. has been providing Janitorial Services since 1986 to multi facility campuses, including Federal, State, County, City, multi tenant professional facilities and others. We have been and are currently providing services to many facilities in the Coachella Valley (see bidder information enclosed). Specifically, we have been providing service to the Palm Desert Sheriff Substation since 2011. At the outset of being awarded this project in 2011, we assigned one of our Route Supervisors to oversee the site. Janitorial staff was selected; the required Sheriff background was completed. Staff was oriented to company policies and procedures. Janitorial staff has been trained on the facility scope of work, provided with specific site quality control documents i.e. task list and daily check sheet (posted in janitors' closet). The facility is being stocked with required cleaning equipment, cleaning supplies and restroom supplies. The Route Supervisor is ensuring proper training of the site Janitorial Staff, completing QIR (Quality Inspection Reports) for review by office staff and client, performing follow-up on QIR's and maintaining appropriate levels of all supplies at the facility. Office staff has been maintaining continuous communication with client on all facility matters relating to contracted services, maintenance issues, security, etc. Wurm's is not under suspension or debarment from any State or Federal agency and is current with all tax related liabilities. City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260-2578 Page 2 Wurm's is licensed to perform services in many Inland Empire and Orange County City's. We have maintained a business License with the City of Palm Desert for many years. Wurm's carries the required General Liability and Workers Compensation insurance. This proposal shall remain valid for 90 days beyond the signature date indicated below. We will not be using sub -contractors on this project. Also, we are certified by the State of California as a Small Business, Supplier # 37216. Certificate will be supplied upon request. We look forward to building on our current relationship. Sincerely, Larry D. Stewart President rm' Janitorial Services, Inc Owner. Wurms@ sbcglobal net FEIN# 33-0667856 A California Corporation Date CONTRACTOR'S BID PALM DESERT SHERIFF'S SUBSTATION JANITORIAL SERVICES CONTRACT NO. C35600 TO: CITY OF PALM DESERT DATE: BIDDER: f�ldf'.�1 f JA,✓1%ilfgl.t rliref o,✓ C. , "CONTRACTOR" The UNDERSIGNED, CONTRACTOR, having carefully examined the Contract Documents for the PALM DESERT SHERIFF'S SUBSTATION JANITORIAL SERVICES hereby proposes to provide the services in accordance with the Contract Documents, including Addendum Nos. ___J for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with the City: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR — not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for ninety (90) calendar days after that date. 2. The CITY has the right to reject any or all Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awardedpikfter the CONTRACTOR'S complete submission of all contract documents, , insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to the CITY such information as the CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the ace panying ce ' red or cashie check or Bi Band constit es a guarantee at if awar d the contrWf, CONTRAi will ex to the n Agreem t and delive a required bo ds and certifi es of insura within �( days er notice of ward. If CO ACTOR fail to execute a deliver aid do ants, the eck or bond r o be charge rth the cost of the r ultant rdea es to CI , including bu of limited to ublication co , the diff ence in ey betw n the amount and the am nt in excess f the bid ich costs Y to d or cause to done the w k involved, I ase and rental costs, Page 8 of 45 additiona,loglaries and overhe , increased inte and costs of fu ' g the projec ttomey expense, itional engine g and arch itectur xpense and co f maintaining or c struction of alt ate facilities oc ned by the failure execute and deliv said doc.men . It is understood that the price shown hereon includes all phase and types of work described in the specifications. The lump sum cost for performing the entire scope of the contract work shall be indicated. Janitorial services for Palm Per month 36 $ $ Desert Sheriff's Substation 17 yy 1 Hall I TOTAL BID PRICE The costs of any work shown or required in the Contract documents and specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Contract documents and specifications. TOTAL AMOUNT BASE BID IN FIGURES -!Y9 TOTALaUNT BASE BID IN WORD,�r .. /► �,, / y� <<� Page 9 of 45 Bid amount of each of the above bid items must be filled in and completed in figures and words. Bidders must provide pricing for each alternate, if any are listed. if a bidder fails to provide pricing for all alternates, the bid will be considered non -responsive. The City will award the bid in the following manner, contingent upon the availability of funding. These items are listed in order of consideration: 1. The lowest bidder for the Base Bid. EXTRA WORK PRICING SCHEDULE Please indicate hourly wages for extra work to be performed below: $ 490per hour ,ee z a $ 4le— )per overtime hour 7,7 Al ijG��A2 d ��iYiL At City's discretion, additional work may be paid for using the contractual hourly rate for labor listed above. The hourly rate for EXTRA WORK will be in effect for the term of the contract, but will be due and payable when and if services are rendered or used, and only with prior written permission of the City. wo eJ,c e �' J e e d/e,! NO 0 •mot/� �' ai �.S { �lY�?? e ,� i�V l o.v?�2�C T . Page 10 of 45 It is understood that this contract shall be awarded based on the lowest responsive Bid as outlined above. It is further understood that after opening of bids, no adjustments to the TOTAL LUMP SUM BASE BID OR ALTERNATE ITEM(S) PRICE shall be allowed. IN WITNESS WHEREOF Page C-1: R executed this Bid as of date set forth on By: Sign ure Titl : ,��'fS-1 e A/% IV CONTRACTOR A notary public or other ofitcer completing this State of California certificate verifies only the identity of the individual who signed the document to which this County of�0 I�-��b� certificate is attached. and not the truthfulness, accuracy, or validity of that document. Subscribed and swom to Jor affirmed) before me on this % day of (month), W l G (year), by -ill)- J'T�t /A;t-1_ proved to me on the basis of satisfactoryilvidence to be the person(s) who appeared before me. Signature of Notary V443 9 rl+ COLETTE L. GORDON 1 r COMM. 92118693 x Notary Public - California a Riverside Ca" MN Comm. Expires ADD. 4, 2D19 Page 11 of 45 (Seal of Notary) ,felt✓liar �N (NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT) INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if ",nJecessary. (1) Firm Name V41,6q fL J*9 %IAiAJ (2) Address f-V-V ./3d yIAo iA1 //*)z 1 e f -Ie d,9i 1.1 D (3) Telephone No. q4l- (4) Type of Firm (Individual, Partnership or Corporation "Poef1 TiI)AI (5) Corporation organized under the laws of the State of rA.C/FJ��rI/ff (6) Business License No. Jai-lJll/J. 5r3.3`-YJ Exp. Date //-30 CONTRACTOR hereby swears under penalty of perjury that this information provided i true a d corr��ct. By: .�!Ls�3L Title: (7ic21 Sig ature Contractor (7) Lidt the names and addresses of all owners of the firm or names and titles of all officers of the corporation: 0&4 13A o>-,4 T :s re ZIP V (8) Number of years' experience providing janitorial services : W (9) Number of years experience with municipal janitorial service contracts (10) List at least three references for which CONTRACTOR has performed commercial or governmental Janitorial Services that are comparable in size and specifications (occupied office complex, retail), as asked for in this contract, within the last 5 years. CONTRACTOR shall list at least one reference with which it has held a contract with for at least 3 consecutive years; a. Reference Name: 7.P ,, 40PAII'Y Page 12 of 45 lei C. Telephone No: s rA),g3Dj 9.s1-777 ---3//.3 r Job Address:'/���ldlJS - 'i'QS Q �,o,,4�v ,fir' /f T �,ro odi r�E�1�► fi Job description, size: r' Dd r fiDrJS es "aA4 fSk . �.f �D 0 No. of Years providing janitorial services for this reference: /,3 Was work performed during occupied office hours?.d�i4/ Aern?�s ewgy Reference Name: edL)NT r/ D�- ,P/1k2u,� Telephone No: 4AI2 -5UPQ 2J/eG 're /D-V 9 J- Job Address: !%M D1).5 - 3/33l S. sra ,4/ >.I.v 111le1 �?twtsld e. e,,f Job description, size: iJ,_S , A7,- .o�I kj?UPT/ V e4u<z7- - i?iVeA-5 -Ae C e �Nl YN 2 �GrL�r %C'1yCs/1ST No. of Years providing janitorial services for this reference: >.4' Was work performed during occupied office hours? , y.0s Reference Name: rziY ©F fir~ c Telephone No: Aeaee U&46*/416 4„�J -G �w - 40-9'k6 Job Address: V,4rZ/0#)3 • Y3,2 30 �3 s�.✓e s ���',rc,. Ta glee 4)wA', el Job description, size: All ffV e/1 /Tits - ��r,s� �:� f7A,, ;, No. of Years providing janitorial services for this reference: 31� Was work performed during occupied office hours? OA14 / Ao.e- l�fe.�ifi� JbI,4 ,,4r� "e Al Page 13 of 45 (11) List at least three references for which the CONTRACTOR has performed Janitorial Services; but no longer performs janitorial services (May list same references as listed in (10) above: a. Reference Name 67Z e),i t4,,.1eY -.4w SAG/11T>C-s Address lyi 7 2' file r)Zie l c% S A&2A>eA/o .4�cY, eA Phone Number b. Reference Name ZJ/?2Jn/G.7eJA/ 4eg"Zdl &IP jc .8 /GcS Address AW <J 1 f34204-1dA -33 APA .AA/fI.�C�'M Phone Number L.l Y9-,19 -S/7 -73,3- 5 C. Reference Name PiAl o 0APA veto /> l�.✓pi?. c Address -Zle 7n 7 Mi o1A xQ ,,e .,4466A&2fCA Phone Number Joe i cldr l 4 & `1 _ _3L5f0 - DS7.S (12) LOCAL OFFICE REQUIREMENT: List the local office address OR significant related experience (refer to page 35 of this document for details). Add ress: M,1z'xrb9,*1 G1weJ e f G odL o A� 4 , cal 90? If 50 Significant related experience: J&ms�,�r Zwdw n ST/LP eewrrl� -1 AIA le -2 Y-Phe'S 1 gels i L. L&rklVe ✓/1� 1,0vA? r `:d %eWAR-5' 2 a ...1AQ1d/ /e r�s &2 M4W1 PA2�n �es�s l - % yGi9�J (13) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the following list gives the name business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Page 14 of 45 Contractors" and shall be signed.) The Bidder shall list all subcontractors who will perform work or labor or render service to the prime contractor in excess of one-half of one percent of the prime's bid. Subcontractor's Name: 114- License Number: Business Address: Telephone: Work Description: Subcontractor's Nam+ : 41Ke License Number: Business Address: Telephone: Work Description: Subcontractor's Name: License Number: Business Address: Telephone: Percent of Work: Percent of Work: Work Description: Percent of Work: Name of Bidder /esilte, Wtheproposed r (14) List the name of the person who inspected t of work for your firm (15) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. Page 15 of 45 NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the "I-s'Ve fIt' of ` mew ✓ �the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ; rA State M SigMture Title: � -u4L CONTRACTOR Page 16 of 45