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DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWA II
-'�r 345 KEKUANAO`ASTREET, SUITE 20 • HILO, HAWAII 96720L' 2c-)
TELEPHONE(808)961-8050 • FAX(808)961-8657
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April 30,2025
Ms. Lennie Okano-Kendrick, State Engineer
United States Department of Agriculture
Rural Utility Services
154 Waianuenue Avenue, Room 311 •
Hilo,HI 96720
Subject: Bid Tabulation and Proposal for Iid Place Water System Improvements
County of Hawai'i-Department of Water Supply
DWS JOB NO.2022-1199
North Kona,Hawai'i
Tax Map Key 7-3-019:011 and 037
Please be informed that bids were opened on April 10,2025,and it has been determined that Isemoto
Contracting Company,Ltd., is the lowest bidder.Enclosed you will find the bid tabulation for the
subject project along with Isemoto Contracting Company's proposal. The Water Board has approved
the award at its Board Meeting on April 22, 202,5, and will make a recommendation for the award of
the contract,to the Hawai`i County Council to proceed with the improvement district process.
Pursuant to the Hawai`i County Code, Section 12-24(b),the award of this contract is subject to the
creation of the improvement district.
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at(808) 961-8070,extension 256.
Sincerely yours,
Keith K.Okamoto, .E.
Manager-Chief Engineer
RQ:klcm
Enc.
copy— DWS Finance Branch
_Hawaii County Council
Comm. No. l.q 15
Ref. Tom
. . . Water, Our!Most Precious Resource. . . 7(a WaiA ?-due
MAY Dote
- 2 2025
The Department of Water Supply is an Equal Opportunity provider and employer.
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Addendum No.2-Fillable Official Bid Form B
i
BID FORM FOR CONSTRUCTION CONTRACT
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions
to Bidders,the General Conditions, and the Supplementary Conditions.
ARTICLE 1—COUNTY OF HAWAI'I DEPARTMENT OF WATER SUPPLY
("COHDWS")AND BIDDER
1.01 This Bid shall be submitted ELECTRONICALLY via Public Purchase website, to:
County of Hawai'i,Department of Water Supply
345 Kekiianao'a Street, Suite 20-
Hilo,Hawaii, 96720
1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
Agreement with COHDWS in the form included in the Bidding Documents to perform all
Work as specified or indicated in the Bidding Documents for the prices and within the
times indicated in this Bid and in accordance with the other terms and conditions of the
Bidding Documents.
ARTICLE 2—ATTACHMENTS TO THIS BID
2.01 The following documents are submitted with and made a condition of this Bid:
A. Required Bid security;
B. List of Proposed Subcontractors;
C. List of Proposed Suppliers;
D. Evidence of authority to.do business in the state of the Project;or a written covenant to
obtain such authority within the time for acceptance of Bids;
E. Contractor's license number as evidence of Bidder's State Contractor's License or a
covenant by Bidder to obtain said license within the time for acceptance of Bids;
F. If Bid amount exceeds $10,000, signed Compliance Statement (RD 400-6). Refer to
specific equal opportunity requirements set forth in the Supplementary Conditions of
the Construction Contract(EJCDC C-800);
F. If Bid amount exceeds $25,000, signed Certification Regarding Debarment,
Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions
(AD-1048); and
G. If Bid amount exceeds $100,000, signed RD Instruction 1940-Q Exhibit A-1.,
Certification for Contracts, Grants, and Loans.
ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES
3.01 Lump Sum Bids
A. Bidder will complete the Work in accordance with the Contract Documents for the
following lump sum price(shall include all applicable taxes):
•
Addendum No.2-Fillabte Official Bid Form B
Furnish and install the following items in place, including all trench excavation, pipe cushion
materials, backfill, concrete blocks, pipe nipples, fittings, valves, concrete jacket, chlorination,
pavement repair, chip seal repair, driveway repair, asphalt berm replacement, traffic control and
all incidentals necessary to complete the work per plans and specifications. All work shall be
according to the Plans, Specifications,and State of Hawaii,Water System Standards,dated 2002,
as amended,in place complete and ready for use.
INo. Description Unit tem Est' Unit Price Bid Amount
Quantity
Water System
1 Tree removal&site prep LS 1 $ 43,783.00 $ 43,783.00
2 Mobilization&demobilization LS I $ 37,287.00 $ 37,287.00
3 Site staking&layout LS 1 $ 10,886.00 $ 10,886.00
4 Probe existing utility locations LS 1 $ 3,303.00 $ 3,303.00
5 Saw cut existing AC pavement LS 1 $ 4,095.00 $ 4,095.00
6 T-fettelh-prebrealk L39 ; ; 0.00
7 Trench excavation and 8-Inch LF 1150 $ 210.00 $ 241,500.00
D.I.pipe installation
8 Tie into existing 8-Inch D.I. LS I $ 17,986.00 $ 17,986.00
Main(cut and drop)
9 Tie into existing 6-Inch D.I. LS 1 $ 12,734.00 $ 12,734.00
Main(cut and drop)
10 Type A Service Lateral(In- EA 10 $ 3,200.00 $ 32,000.00
place,complete)
11 Type C Service Lateral(In- EA 4 $ 5,288.00 $ 21,152.00
place,complete)
12 1.5"copper pipe(For service LF 80 $ 67.00 $ 5,360.00
laterals)
13 1" copper pipe(For service LF 160 $ 44.00 $ 7,040.00
laterals)
14 6"DI Pipe(For hydrants) LF 40 $ 269.00 $ 10,760.00
15 Fire hydrant-Type B (In-place, EA 2 $ 11,322.00 $ 22,644.00
complete)
16 Air-relief valve EA 2 $ 3,616.00 $ 7,232.00
17 2"Cleanout EA 1 $ 2,981.00 $ 2,981.00
18 System testing&chlorination LS 1 $ 12,086.00 $ 12,086.00
Addendum No.2-Fillable Official Bid Form B
INo.tem Est.
Description Unit Quantity Unit Price Bid Amount
Repaving and Drainage Improvements-Aniani Street&Iki Place
19 8'Drain Sump w/R-40 Cover EA 1 $ 21,477.00 $ 21,477.00
20 Cold plane&remove old SY 1600 $ 8.00 $ 12,800.00
pavement
21 Compaction Testing LS 1 $ 3,848.00 $ 3,848.00
22 Pavement(2" -Aniani Street) SY 366 $ 48.00 $ 17,568.00
23 Pavement(2"-Iki Place) SY 1224 $ — 50.00 $ 61,200.00
24 Road striping&pavement LS 1 $ 11,475.00 $ 11,475.00
markers
4- 3 3 0.00
Lump Sum Bid Price $ 621,197.00
B. Bidder Acknowledges that:
1. Contractor's proposal shall be for a total lump sum bid.
2. Contractor shall determine his own quantities for the total lump sum bid.
3. Contractor understands and agrees that the quantities given are engineer's
estimates only and shall be decreased and/or increased as necessary to perform all
required work at no additional cost to the COHDWS.
4. The approximate quantities will be used in making progress payment estimates.
5. The Contractor's unit prices will be used in making progress payment estimates.
6. The Contractor's unit prices will be used to determine the cost of deductions
and/or additions due to the authorized decrease and/or increase to the scope of
work.
7. The total price per proposal item is not required to equal the Engineer's
approximate quantity multiplied by the Contractor's unit price for authorized
change.
8. This project generally consists of paying for all labor, materials, tools, and
equipment necessary for constructing the project in accordance with the plans and
specifications.
9. Where items of work called for on the drawings or specifications and for which
payments are not directly provided for in the bid, payment shall be considered
incidental to the various items.
10. Upon completion of the work the Contractor shall remove all excess materials and
scraps from the project site and clean the area to the satisfaction of the Manager-
Chief Engineer. All existing landscape shall be restored to its original condition
or better which shall include any necessary replanting of grass and/or plants and
Addendum No.2-Fillable Official Bid Form B
the 'maintenance and care therefore for a period of sixty (60) days after the
acceptance of the project.
ARTICLE 4—DELETED
ARTICLE 5—DELETED
ARTICLE 6—TIME OF COMPLETION
6.01 Bidder shall have One Hundred and Eighty(180)calendar days from the date of Notice to
Proceed to complete the Work.
6.02 Bidder agrees that the Work will be substantially complete and will be completed and ready
for final payment in accordance with the General Conditions on or before the dates or
within the number of calendar days indicated in the Agreement.
6.03 Bidder accepts the provisions of the Agreement as to liquidated damages.
ARTICLE 7—BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD,
INSTRUCTIONS,AND RECEIPT OF ADDENDA
7.01 Bid Acceptance Period
A. This Bid will remain subject to acceptance for one hundred and eighty(180)days after
the Bid opening, or for such longer period of time that Bidder may agree to in writing
upon request of COHDWS.
7.02 Instructions to Bidders
A. Bidder accepts all of the terms and conditions of the Instructions to Bidders,including
without limitation those dealing with the disposition of Bid security.
7.03 Receipt of Addenda
A. Bidder hereby acknowledges receipt of the following Addenda: [Add rows as needed.
Bidder is to complete table.]
Addendum Number Addendum Date
I 4/7/25
2 4/9/25
ARTICLE 8—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS
8.01 Bidder's Representations
A. In submitting this Bid,Bidder represents the following:
1. Bidder has examined and carefully studied the Bidding Documents, including
Addenda,including all Domestic Preference requirements.
Addendum No.2-Fillable Official Bid Form B
2. Bidder has visited the Site, conducted a thorough visual examination of the Site
and adjacent areas, and become familiar with the general, local, and Site
conditions that may affect cost,progress,and performance of the Work.
3.. Bidder is familiar with all Laws and Regulations that may affect cost, progress,
and performance of the Work, including all Domestic Preference requirements.
4. Bidder has carefully studied the reports of explorations and tests of subsurface
conditions at or adjacent to the Site and the drawings of physical conditions
relating to existing surface or subsurface structures at the Site that have been
identified in the Supplementary Conditions,with respect to the Technical Data in
such reports and drawings.
5. Bidder has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been
identified in the Supplementary Conditions, with respect to Technical Data in
such reports and drawings.
6. Bidder has considered the information known to Bidder itself; information
commonly known to contractors doing business in the locality of the Site;
information and observations obtained from visits to the Site; the Bidding
Documents; and the Technical Data identified in the Supplementary Conditions
or by definition,with respect to the effect of such information, observations, and
Technical Data on (a)the cost, progress, and performance of the Work; (b)the
means, methods, techniques, sequences, and procedures of construction to be
employed by Bidder, if selected as Contractor; and (c)Bidder's (Contractor's)
safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph,
Bidder agrees that no further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract
Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract.
8. Bidder is aware of the general nature of work to be performed by COHDWS and
others at the Site that relates to the Work as indicated in the Bidding Documents.
9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and of
discrepancies between Site conditions and the Contract Documents, and the
written resolution thereof by Engineer is acceptable to Contractor.
10. The Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
11. The submission of this Bid constitutes an incontrovertible representation by
Bidder that without exception the Bid and all prices in the Bid are premised upon
performing and furnishing the Work required by the Bidding Documents.
Addendum No.2-Fillable Official Bid Form B
8.02 Bidder's Certifications
A. The Bidder certifies the following:
1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive
agreement or rules of any group, association, organization, or corporation.
2. Bidder has not directly or indirectly induced or solicited any other Bidder to
submit a false or sham Bid.
3. Bidder has not solicited or induced any individual or entity to refrain from
bidding.
4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Contract. For the purposes of this Paragraph 8.02.A:
a. Corrupt practice means the offering,giving,receiving,or soliciting of anything
of value likely to influence the action of a public official in the bidding process.
b. Fraudulent practice means an intentional misrepresentation of facts made(a) to
influence the bidding process to the detriment of COHDWS,(b)to establish bid
prices at artificial non-competitive levels, or (c)to deprive COHDWS of the
benefits of free and open competition.
c. Collusive practice means a scheme or arrangement between two or more
Bidders,with or without the knowledge of COHDWS, a purpose of which is to
establish bid prices at artificial, non-competitive levels.
d. Coercive practice means harming or threatening to harm,directly or indirectly,
persons or their property to influence their participation in the bidding process
or affect the execution of the Contract.
B. The Bidder certifies and acknowledges the following with respect to eligibility:
1. By entering into this contract, the contractor certifies that neither it (nor they) nor
any person or firm who has an interest id the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
2. No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act
or 29 CFR 5.12(a)(1).
3. The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
ARTICLE 9—STANDARD QUALIFICATION QUESTIONNAIRE
9.01 Standard Qualification Questionnaire
The original executed and notarized Standard Qualification Questionnaire for Offerors
form ("SQQO")provided by the Department of Water Supply is required to be filed with
the Manager-Chief Engineer for evaluation no later than eight (8) days prior to the time
Addendum No.2-Fillable Official Bid Form B
advertised for the opening of bids unless the bidder has previously filed a Questionnaire
within the previous two(2)years of the date of opening of bids. If the eighth(8`h)calendar
day prior to the date designated for opening of bids falls on a Saturday, Sunday, or legal
State holiday, the original SQQO must be received no later than 4:30 p.m. on the last
working day immediately prior to said Saturday, Sunday, or legal State holiday.
The Standard Qualification Questionnaire is included as an attachment for this bid on
Public Purchase or can be found at www.hawaiidws.org(News&Projects 4 Procurement
Forms), and should be completed and approved as required by the above mentioned
deadline.
Addendum No.2-Fillable Official Bid Form B
BIDDER hereby submits this Bid as set forth above(print,complete,sign&upload with bid docs):
Bidder:
Isemoto Contracting Co., Ltd
(typed or printed name of orga zation)
By:
(individual's signature)
Name: Dave Haraguchi
(typed or printed)
Title: V.P. East Hawaii
(typed or printed)
Date: 4/10/25
(typed or printed)
If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.
Attest:
(individual's signature)
Name: Dave Haraguchi
(typed or printed)
Title: . V.P. East Hawaii
(typed or printed)
Date: 4/10/25
(typed or printed)
Address for giving notices:
648 Piilani Street 0;r
Hilo. HI 96720 •
ilAy29 C
Bidder's Contact: J 1926
Name: Dave Haraguchi "
(typed or printed) 1!'W ill[BMX'
Title: V.P. East Hawaii
(typed or printed)
Phone: (808)935-7194
Email: DaveHCa�isemotocontracting.com
Address:
648 Piilani Street
Hilo, HI 96720
Bidder's Contractor License No.: ABC-1036 •
Addendum No.2-Fillable Official Bid Form B
LISTING OF SUBCONTRACTORS
In compliance with the provisions of the Hawaii Revised Statutes and Hawai`i Administrative Rules, the
bidder shall include in his bid the names of'each person or firm to be engaged by the bidder as a joint
contractor or subcontractor in the performance of the public work construction contract. The bid shall also
indicate the nature and scope of the work to be performed by such joint contractor or subcontractor.
Name/Address of Joint Nature and Scope of Work Contractor License No.
Contractor or Subcontractor
Tree Works, INC Tree Removal C-17682
Telephone:(808)964-1026
Fax:
Pural Water Specialty Co., Chlorination C-19053
INC
Telephone:(808)775-1380
Fax:
Apply-A-Line, LLC Striping C-36005
Telephone:(808)841-0990
Fax:
Telephone:
Fax:
Telephone:
Fax:
Telephone:
Fax:
Telephone:
Fax:
Telephone:
Fax:
Telephone:
Fax:
Addendum No.2-Fillable Official Bid Form B
SUPPLIERS
The suppliers of major equipment and categories of equipment shall be indicated below. The
Bidder shall indicate the equipment used as a basis of his bid for writing the manufacturer's name
in the appropriate space. Such supplier designation shall be limited to one supplier only.
Major Equipment/instrumentation and categories of equipment include:
Equipment Instrumentation
Pacific Pipe Co. •
1. 1.
•
2. 2.
3. 3.
4. 4.
5. 5.
6. 6.
7. 7.
8. 8.
9. 9.
10. 10.
Job No.2022-1199
Addendum No.2-Fillable Official Bid Form B
WAGE CERTIFICATE
(CONSTRUCTION IN EXCESS OF$2,000—HRS §103-55.5)
Pursuant to HRS §103-5.5.5, I hereby certify that if awarded a Contract to construct a public work
project in excess of$2,000, individuals engaged in the performance of the contract on the job site
shall be paid: -
I
(1) Not less than the wages that the director of labor and industrial relations
shall have determined to be prevailing for corresponding classes of
laborers and mechanics employed on public works projects; and
(2) Overtime compensation at one and one-half times the basic hourly rate
plus fringe benefits for hours worked n Saturday, Sunday, or a legal
holiday of the State or in excess of eight hours on any other day; and
All applicable laws of the federal and state governments relating to workers' compensation,
unemployment compensation,payment of wages, and safety will be fully complied with.
• DATED: 4/10/25
1
isemoto Contracting Co., Ltd
NAME OF CONTRACTOR
SIGNATURE
V.P. East Hawaii
TITLE
JOB NO. AND DESCRIPTION:
JOB NO. 2022-1199
IKI PLACE WATER SYSTEM IMPROVEMENTS
DISTRICT OF NORTH KONA
COUNTY OF HAWAI`I, STATE OF HAWAII
Addendum No.2-Fillable Official Bid Form B
USDA Form Approved
Form RD 400-6 OMB No.0575-0018
(Rev.10-09) COMPLIANCE STATEMENT
This statement relates to a proposed contract with Isemoto Contracting Co., Ltd
(Name of borrower or grantee)
who expects to finance the contract with assistance from either the Rural Housing Service(RHS),
Rural Business-Cooperative Service(RBS),or the Rural Utilities Service(RUS)or their successor
agencies, United States Department of Agriculture (whether by a Ioan, grant, loan insurance,
guarantee, or other form of financial assistance),I am the undersigned bidder or prospective
contractor, I represent that:
1. I NJ have, ❑ have not,participated in a previous contract or subcontract subject to Executive
Order 11246(regarding equal employment opportunity)or a preceding similar Executive Order.
2. If I have participated in such a contract or subcontract, I IN have, ❑ have not,filed all
compliance reports that have been required to file in connection with the contract or subcontract.
❑ If the proposed construction contract is for$50,000 or more:or If the proposed nonconstruction
contract is for$50,000 or more and I have 50 or more employees,I also represent that:
3. I Nj have,❑ have not previsouly had contracts subject to the written affirmative action
programs requirements of the Secretary of Labor.
4. If I have participated in such a contract or subcontract, I ® have,❑ have not developed and
placed on file at each establishment affirmative action programs as required by the rules and
regulations of the Secretary of Labor.
I understand that if I have failed to file any compliance reports that have been required of me,I am not
eligible and will not be eligible to have my bid considered or to enter into the proposed contract unless
and until I make an arrangement regarding such reports that is satisfactory to either the RHS,RBS or RUS,
or to the office where the reports are required to be filed.
I also certify that I do not maintain or provide for my employees any segregated facilities at any of my
establishments,and that I do not permit my employees to perform their services at any location,under my
control,where segregated facilities are maintained. I certify further that I will not maintain or provide for
my employees any segregated facilities at any of my establishments,and that I will not permit my employees
to perform their services at any location,under my control,where segregated facilities are maintained. I
agree that a breach of this certification is a violation of the Equal Opportunity clause in my contract. As
used in this certification,the term"segregated facilities"means any waiting rooms,work areas,restrooms
and wash rooms,restaurants and other eating areas time clocks,locker rooms and other storage or dressing
areas,parking lots,drinking fountains,recreation or entertainment areas,transportation,and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the basis of
race, creed, color, or national origin,because of habit, local custom, or otherwise. I further agree that
(except where I have obtained identical certifications for proposed subcontractors for specific time periods)
I will obtain identical certifications from proposed subcontractors prior to the award ofsubcontracts exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity clause;that I will retain such
certifications in my files;and that I will forward the following notice to such proposed subcontractors(except
where the proposed subcontractors have submitted identical certifications for specific time periods):
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of
information unless it displays a valid OMB control number The valid OMB control mmuberfor this information collection is 0575-0018. The time required
to complete this information collection is estimated to average 10 minutes per response,including the time for reviewing instructions,searching existing
data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.
Position 6 RD 400-6(Rev.10-09)
AD-1048 Addendum No.2-Filiable Official Bid Form B OMB No.0505-0027
Expiration Date:09/30/2025
USDA Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974(5 U.S.C.§552a,as amended). This certification is required by the regulations
implementing Executive Order 12549,Debarment and Suspension,and 2 CFR§§180.300,180.335,Participants'responsibilities.The regulations were
amended and published on August 31,2005,in 70 Fed.Reg.51865-51880.Copies of the regulations may be obtained by contacting the Department of
Agriculture agency offering the proposed covered transaction.
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of
information unless it displays a valid OMB control number.The valid OMB control number for this information collection is 0505-0027.The time required to
complete this information collection is estimated to average 15 minutes per response,including the time for reviewing instructions,searching existing data
sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. The provisions of appropriate criminal or
civil fraud,privacy,and other statutes maybe applicable to the information provided.
(Read instructions on page two before completing certification.)
A. The prospective Iower tier participant certifies,by submission of this proposal,that neither it nor its principals is
presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation
in this transaction by any Federal department or agency;
B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME
Isemoto Contracting Co., Ltd Iki Place Water System Improvements
NAME(S)AND TITLE(S)OF AUTHORIZED REPRESENTATIVE(S)
Dave Haraguchi- V.P. East Hawaii
SIGNATURE DATE
‘c-) 4/10/25
In accordance with Federal civil rights law and U.S.Department of Agriculture(USDA)civil rights regulations and policies,the USDA,its Agencies,offices,and employees,and
Institutions participating in or administering USDA programs are prohibited from discriminating based on race,color,national origin,religion,sex,gender identity(including gender
expression),sexual orientation,disability,age,marital status,family/parental status,Income derived from a public assistance program.political beliefs,or reprisal or retaliation for prior
civil rights activity,in any program or activity conducted or funded by USDA(not all bases apply to all programs).Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program Information(e.g.,Braille,large print,audiotape,American Sign Language,etc.)should contact
the responsible Agency or USDA's TARGET Center at(202)720-2600(voice and TTY)or contact USDA through the Federal Relay Service at(800)877-8339.Additionally,program
information may be made available in languages other than English.
To file a program discrimination complaint,complete the USDA Program Discrimination Complaint Form,AD-3027,found online at How to File a Program Discrimination Complaint
and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form.To request a copy of the complaint form,call(866)
632-9992.Submit your completed form or letter to USDA by:(1)mall:U.S.Department of Agriculture.Office of the Assistant Secretary for Civil Rights,1400 Independence Avenue,
SW,Washington,D.C.20250-9410;(2)fax:(202)690-7442;or(3)email:proaram.intakee)usda.aov.
USDA is an equal opportunity provider,employer,and lender.
Addendum No.2-Fillable Official Bid Form B
Instructions for Certification
(1) By signing and submitting this form,the prospective lower tier participant is providing the certification set out on page I in
accordance with these instructions.
(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in
addition to other remedies available to the Federal Government,the Department or agency with which this transaction originated
may pursue available remedies,including suspension or debarment.
(3) The prospective lower tier participant must provide immediate written notice to the person(s)to which this proposal is submitted
if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
(4) The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction,""participant,""person,
primary covered transaction,"'"principal,""proposal,"and"voluntarily excluded,"as used in this clause,have the meanings set
out in the Defmitions and Coverage sections of the rules implementing Executive Order 12549,at 2 CFR Parts 180 and 417.You
may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
(5) The prospective lower tier participant agrees by submitting this form that,should the proposed covered transaction be entered
into,it may not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared
ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the Department or agency
with which this transaction originated.
(6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled"Certification
Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"without
modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
(7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the
certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its
principals.Each participant may,but is not required to,check the General Services Administration's System for Award
Management Exclusions database.
(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the
certification required by this clause.The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
(9) Except for transactions authorized under paragraph(5)of these instructions,if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from
participation in this transaction,in addition to other remedies available to the Federal Government,the Department or agency
with which this transaction originated may pursue available remedies,including suspension and/or debarment.
Form AD-1048(REV 12/22)
Fr-
Addendum No.2-Fillable Official Bid Form B
RD Instruction 1940-Q
PART 1940 - GENERAL
Subpart Q - Restrictions on Lobbying
§1940.801 Purpose.
This subpart implements section 319 of Public, Law 101-121, which
prohibits applicants and recipients of Federal contracts, grants and loans
from using appropriated funds for lobbying the Federal Government in
connection with a specific award. Section 319 also requires that each person
who requests or receives a Federal contract, grant, loan, or a Federal
commitment to guarantee a loan, must disclose the expenditure of any funds,
other than appropriated funds, for lobbying activities. This subpart provides
administrative guidance regarding the information contained in U.S. Department
of Agriculture's (USDA) 7 CFR part 3018 and Departmental Regulation (DR)
2400-5, which are attached as Exhibits A and B of this subpart. This subpart
is inapplicable to Farm Service Agency, Farm Loan Programs. (Revised
01-09-08, PN 417.)
§1940.802 [Reserved] (Revised 07-31-96, PN 264.)
§1940.803 Definitions.
In addition to the following, refer to the definitions in §3018.105 of
Exhibit A of this subpart.
Appropriated funds. Federal funds received from any Federal agency for
a purpose or purposes authorized by such agency.
Communication. Includes written, oral, electronic or other means of
communications.
Receiving office. The State, District, or County Office that is the
primary office responsible for processing an application.
§§1940.804 - 1940.809 [Reserved]
DISTRIBUTION: WSAL Loan and Grant Making
General
1
(Revision 2)
(08-21-91) PN 171
•
Addendum No.2-Fillable Official Bid Form B
RD Instruction 1940-Q
§1940.810 Certification for contracts, grants and loans.
(a) The Certification for Contracts, Grants and Loans, contained in
Exhibit A-1 of this subpart, must be completed at the time an
application or bid proposal is submitted by a person requesting a
contract or grant exceeding $100,000, or a loan exceeding $150,000.
(b) Any person,who requests or receives a contract, subcontract or
subgrant exceeding $100,000 at any tier under a covered contract, grant
or loan, must complete and submit a certification to the next higher
tier.
(c) The certification completed by a person referred to in paragraph
(a) of this section will be collected by the receiving office and filed
in the case folder.
(d) Recipients of contracts, grants or loans, or their subs, who
receive certifications from lower tier applicants or recipients shall
file the certifications with documents related to the subaward, and
shall make them available for Agency examination upon request.
(e) Refer to §3018.110 of Exhibit A of this subpart for additional
information.
§1940.811 Statement for loan guarantees.
(a) The Statement for Loan Guarantees, contained in Exhibit A-2 of this
subpart, must be completed by the lender at the time an application is
filed for each loan exceeding $150,000.
(b) The statement will be collected by the receiving office and filed
in the case folder.
(c) Refer to §3018.110 of Exhibit A of this subpart for additional
information.
§1940.812 Disclosure of lobbying activities.
(a) Standard Form (SF) LLL, "Disclosure of Lobbying Activities, " which
is part of Exhibit A of this subpart, must be completed by a person
requesting or receiving a Agency contract, grant, loan, or a Agency
commitment to guarantee a loan, and who meets the following conditions:
(1) the award amount exceeds the threshold stated in §1940.810(a)
or §1940.811(a) of this subpart; and
2
(Revision 2)
Addendum No.2-Fillable Official Bid Form B
§1940.812 (a) (Con.) RD Instruction 1940-Q
(2) the person has made or has agreed to make any payment, using
funds other than appropriated funds, to influence or attempt to
influence a decision in connection with that specific award.
(b) SF-LLL must also be completed by any person who requests or
receives a contract, subcontract or subgrant at any tier under a covered
contract, grant or loan, and who meets the following conditions:
(1) the award amount exceeds $100,000; and
(2) the person has made or has agreed to make any payment, using
funds other than appropriated funds, to influence or attempt to
influence a decision in connection with that specific award.
•
(c) Each person who meets all conditions of paragraph (a.) or (b) of
this section will submit a disclosure form at the time of the
application or bid proposal, and, at the end of each calendar quarter in
which there occurs an event as specified in §3018.110 (c) of Exhibit A
of this subpart.
(d) All disclosure forms, including quarterly updates, will be
collected in the receiving office. The forms completed by persons under
paragraph (a) of this section will be submitted directly to the
receiving office. Forms completed by persons under paragraph (b) of
this section will be submitted to the next higher tier. They will then
be forwarded from tier to tier until they reach the receiving office.
The original completed form will be retained in the case folder. One
copy will be forwarded to the State Director, and a second copy will be
sent immediately to the following address:
USDA, Office of Operations
Procurement Division
Policy and Review Team
14th and Independence Ave., S.W.
Room 1575-S
Washington, D.C. 20250
(e) The information provided on this form cannot be used by Rural
Development as a basis for denying Federal assistance.
(f) Refer to Exhibit B of this subpart for additional information.
§§1940.813 - 1940.819 (Reserved]
3
(08-21-91) PN 171
Addendum No.2-Fillable Official Bid Form B
RD Instruction 1940-Q
§1940.820 Exceptions.
(a) The prohibition on the use of appropriated funds and disclosure
requirements governing the use of funds, other than appropriated funds,
do not apply to certain activities. These activities are described in
Subparts B and C of Exhibit A of this subpart.
(b) Section 319 of P.L. 101-121 imposes no restrictions on the use of
any funds for general lobbying; i.e. , attempts to influence Congress or
the Executive Branch with respect to a program, rather than a specific
award. Such general lobbying need not be disclosed on SF LLL. However,
Section 319 does not authorize lobbying otherwise restricted or
prohibited by law.
§1940.821 Examples.
Several examples of activities addressed by this Instruction are
contained in Exhibit C of this subpart. They are to be used for guidance
purposes only.
§§1940.822 - 1940.839 [Reserved]
§1940.840 Penalties and enforcement.
(a) Failure to comply with the provisions of this subpart may result in civil
penalties, as described in §3018.400 of Exhibit A of this subpart.
(b) The Under Secretary, Rural Development, shall take such actions as are
necessary to ensure that the provisions in Section 319 of P.L. 101-121 are
vigorously implemented and enforced.
§§1940.841 - 1940.850 [Reserved]
Attachments: Exhibits A, A-1, A-2, B, and C
000
4
Addendum No.2-Fillable Official Bid Form B
1940-Q Exhibit A not automated please see manual
Addendum No.2-Fillable Official Bid Form B
RD Instruction 1940-Q
Exhibit A-1
CERTIFICATION FOR CONTRACTS, GRANTS AND LOANS
The undersigned certifies, to the best of his or her knowledge and belief,
that:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, 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 or Federal loan, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant or loan.
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee 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 or loan, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance
with its instructions.
3. The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers (including
contracts, subcontracts, and subgrants under grants and loans) 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.
Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
Dave Haraguchi 4/10/25
(name) (date)
V.P. East Hawaii
(title)
o0o
(08-21-91) PN 171
Addendum No.2-Fillable Official Bid Form B
RD Instruction 1940-Q
Exhibit A-2
STATEMENT FOR LOAN GUARANTEES
•
The undersigned states, to the best of his or her knowledge and belief,
that:
If any funds have been 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 commitment providing for the United States to
guarantee a loan, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure of Lobbying Activities, " in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering into
this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required statement shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Dave Haraguchi Ci / Isemoto Contracting Co., Ltd
(name) (organization)
V.P. East Hawaii 4/10/25
(title) (date)
000
(08-21-91) PN 171
Addendum No.2-Fillable Official Bid Form B
1940-Q Exhibit B not automated see manual
Addendum No.2-Fillable Official Bid Form B
RD Instruction 1940-Q •
Exhibit C
EXAMPLES OF ACTIVITIES ADDRESSED BY RD INSTRUCTION 1940-0
1. [A] is an applicant for a $1,000,000 Rural Development Rural Rental
Housing Loan. [B] is an architectural firm retained by [A] for preliminary
design studies. [A] has requested [B] to visit the Rural Development State
Office to discuss design options for use in developing an application.
This technical activity is specifically authorized for use of
appropriated funds and does not need to be reported by (A] as a
lobbying activity. However, if the visit includes any communication
with Rural Development officials on application issues that are not
architecturally related, the activity is not exempt from the law.
2. [C] will be submitting a loan application in the amount of $149,000 for a
community facility. [C] has paid, with its own funds, [D] , a consultant, to
visit the National Office to help expedite the application when it is
received.
(C] will not be required to submit a certification nor a disclosure
form because the loan amount is less than $150, 000.
3. [E] is borrowing $2,000,000 from Rural Development to construct a
hospital. The construction contract with [F] is in the amount of $1,700,000.
[F] has a mechanical subcontract with [GI in the amount of $150,000.
[E] must submit a certification to Rural Development at the time of the
application. (F1 must submit its certificate with the proposed bid
to (El . (G1, having a subcontract of more than $100,000, must submit
a certificate to (F]. (El and (F] will retain the certifications
they received from the lower tier awardees.
4. [H] is a lender who has requested an 80 percent guarantee on a $175,000
guaranteed loan for applicant [I] . [I] submitted the loan application without
a signed statement from [H] because the guaranteed portion of the loan (80% of
$175,000) was less than $150,000.
The amount that determines whether or not a statement is required
from the lender is the total guaranteed loan (amount obligated =
$175,000) ; therefore, the application should have included a
statement from (HI . (I) is not required to sign a certification.
(08-21-91) PN 171
Addendum No.2-Fillable Official Bid Form B
RD Instruction 1940-Q
Exhibit C
Page 2
5. [J] is a long time Rural Development borrower who submitted a Form SF LLL
because she paid [K] , a lobbyist, with her own funds, to visit Washington in
an attempt to persuade a Member of Congress to increase the Farmer Programs
budget for the next fiscal year.
The disclosure form is not required when the lobbying activity
involves a program and not a specific application or award.
o0o
• •
ISEMOTO ',MAIN OFFICE: 648 PIILANI STREET, P.O. BOX 4669, HILO, HAWAII 96720
PHONE(808)935-7194 FAX(808)961-6417
CONTRACTING CO.LTD. 0 KONA BRANCH: 74-50398 QUEEN KAAHUMANU HWY.,P.O.80X 3169,KAILUA-KONA,Hi 96740
General Contractor PHONE(808)329-8051 FAX(808)329-3261
Contractor's License No.ABC1036 ESTABLISHED 1926 An Equal Opportunity Employer
I,LOREN TSUGAWA, Secretary of Isemoto Contracting Co.,Ltd..,a domestic
corporation,do hereby certify that the following is a full,true,and correct copy of a resolution
duly adopted by the Board of Directors of said Corporation at its meeting duly called and held at
the office of the Corporation,648 Piilani Street,Hilo,Hawaii,on the 3rd day of December,2021,
at which a quorum was present and acting throughout;and that said resolution has not been
modified,amended,or rescinded and continues in full force and effect;
"RESOLVED that any individual at the time holding the position of
Chairman of the Board,President,Vice President of East Hawaii Operations,Vice
President of West Hawaii Operations, or Secretary,be,and each of them hereby
is, authorized to execute on behalf of the Corporation any bid,proposal, or
contract for the sale or rental of the products of the Corporation, or for services to
be performed by the Corporation,and to execute any bond required by any such
bid,proposal,or contract with the United States Government,or the State of
Hawaii,or the City and County of Honolulu,or any County or Municipal
Government of said State,or any departments or subdivision of any of them."
IN WITNESS WHEREOF, I have hereur}%o set my hand and affixed the corporation seal
of said Isemoto Contracting Co.,Ltd.this ,Q day of ;Pori 1 ,2025.
n \\11111Illtll/,,//
Loren Tsugawa, Secret O%P o,q� ram,
2 a 54
Attested by: = a c
MAY 29,
s. 1926 •
Lie Isemoto,President
(Names and Addresses of )
Chairman of the Board-Larry Isemoto, 1187 Kumukoa Street,Hilo,Hawaii 96720
President- Leslie Isemoto, 785 Hoolala Place,Hilo,Hawaii 96720
Secretary—Loren Tsugawa, 156 Pohakulani Street,Hilo,Hawaii 96720
Vice President of East Hawaii Operations—Dave Haraguchi,291 Naniakea Place, Hilo,HI
96720
Vice President of West Hawaii Operations—Scot Yoshimura,73-1161 Ala Kapua Street,Kailua-
Kona,Hawaii 96740
ICC 2025
34' +. jj am'
STATE OF HAWAII
STATE PROCUREMENT OFFICE
CERTIFICATE OF VENDOR COMPLIANCE
This document presents the compliance status of the vendor identified below on the issue date with respect to certificates
required from the Hawaii Department of Taxation(DOTAX),the Internal Revenue Service,the Hawaii Department of Labor and
Industrial Relations(DLIR),and the Hawaii Department of Commerce and Consumer Affairs(DCCA).
Vendor Name: ISEMOTO CONTRACTING CO.,LTD.
DBA/Trade Name: ISEMOTO CONTRACTING CO.,LTD.
Issue Date: 04/08/202 5
Status: Compliant
Hawaii Tax#: 20269142-01
New Hawaii Tax#: GE-0208635904-01
FEIN/SSN#: XX-XXX3000
UI#: XXXXXX2081
DCCA FILE#: 1805
Status of Compliance for this Vendor on issue date:
Form Department(s) Status
•
A-6 Hawaii Department of Taxation Compliant^�
8821 Internal Revenue Service Compliant yV
COGS Hawaii Department of Commerce&Consumer Affairs Compliant ^_
LIR27 Hawaii Department of Labor&Industrial Relations Compliant
Status Legend:
-`Status Description
Exempt The entity is exempt from this requirement
Compliant The entity is compliant with this requirement or the entity is in agreement with agency and actively working towards
compliance
Pending A status determination has not yet been made
Submitted The entity has applied for the certificate but it is awaiting approval
Not Compliant The entity is not in compliance with the requirement and should contact the issuing agency for more information
BID BOND (PENAL SUM FORM)
Bidder Surety
Name: Isemoto Contracting Co.Ltd. Name:Fidelity and Deposit Company of Maryland
Address(principal place of business): Address(principal place of business):
648 Piilani St. 4 Embarcardero Center,Suite 3740
Hilo,HI 96720 San Francisco,CA 94111
Owner Bid
Name: Dept.of Water Supply,County of project(name and location):
Hawaii Job No.2022-1199
Address(principal place ofbusiness): Iki Place Water System Improvements
345 Kekuanao`a Street.Suite.20, District of North Kona,County of Hawaii
Hilo,Hawaii 96720 State of Hawaii
Bid Due Date:
Bond
Penal Sum: ***Five Percent(5%)of Bid Amount***
Date of Bond: March 25,2025
Surety and Bidder, intending to be legally bound hereby,subject to the terms set forth in this Bid Bond,
do each cause this Bid Bond to be duly executed by an authorized officer,agent,or representative.
- ���tuurNN
Bidder Surety `••%cv SDI CO... .......
Isemoto Contracting Co.,Ltd. � ;1'siil t 11.liG,,., Fidelity and Deposit Company of Marylani4c. R....
BR••• '�
(F anal name of Bidder mot: i "� �l�r (Full formal name ofSurety)(corporate seal)__ O
By: % : L.4 „a SEAL
(Signature) t. `y (Signature)(Attach Power ofAttornep)j •
Name: Dave Haraguchi i iAkf ) �� iName: John N.Bustard %SO,y••.•,r890••,.�
(Printed or typed)) y. fl:\ s ,, (Printed or typed) �r., 1LLIN05 `‘``
;L\ rrrNrn
Title: of East Hawaii Oprerations;:v .��\Title: Attorney-in-Fact rn�����
�' ' ti/flilllltl\\\
Attest: 1 ,' Attest: ilinVit
he,
(Signature) ( ignature)
Name: Danica Barretto Name: Shirley J.Pace
(Printed or typed) (Printed or typed)
Title: Receptionist Title: Surety Account Manager
Notes:(I)Note:Addresses are to be used for giving any required notice.(2)Provide execution by any additional parties,such
as joint venturers,ifnecessary.
EJCDC®C-430,Bid Bond(Penal Sum Form).
Copyright*2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 1of2
1. Bidder and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors,
and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.Payment
of the penal sum is the extent of Bidder's and Surety's liability.Recovery of such penal sum under the terms
of this Bond will be Owner's sole and exclusive remedy upon default of Bidder.
2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding
Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by
the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation will be null and void if:
3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents
(or any extension thereof agreed to in wilting by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment bonds required by the Bidding Documents,or
3.2. All Bids are rejected by Owner,or
3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents
(or any extension thereof agreed to in writing by Bidder and,if applicable,consented to by Surety when
required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with
reasonable promptness,identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice
of Award agreed to in writing by Owner and Bidder,provided that the total time for issuing Notice of Award
including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety's
written consent.
6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default
required in Paragraph 4 above is received by Bidder and Surety,and in no case later than one year after the
Bid due date.
7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in
the state in which the Project is located.
8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent by personal delivery,commercial courier,or by
United States Postal Service registered or certified mail,return receipt requested,postage pre-paid,and will
be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the
authority of the officer,agent,or representative who executed this Bond on behalf of Surety to execute,seal,
and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set
forth at length.If any provision of this Bond conflicts with any applicable statute,then the provision of said
statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and
effect.
11. The term"Bid"as used herein includes a Bid,offer,or proposal as applicable.
EJCDC®C-430,Bid Bond(Penal Sum Form).
Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 2 of 2
a ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY.a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of
Illinois(herein collectively called the"Companies"),by Thomas O.McClellan,Vice President,in pursuance of authority granted by Article V,Section 8.of the By-Laws of said
Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof.do hereby nominate,constitute,and appoint John
N.BUSTARD,Francis WIRT,Roland R.EUGENiO,Sean K.SPENCER,Jason KOTT,Lauren ZAKARIAN and Shirley J.PACE,or Honolulu,Hawaii, its true and
lawful agent and Attorney-in-Fact,to make,execute,seal and deliver.for,and on its behalf as surety.and as its act and deed: any and all bonds and undertakings,and the
execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes.as if they had been
duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly
elected officers of the COLONIAL AMERiCAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. Maryland._in their own proper persons.
The said Vice President does hereby certify that the extract set forth below hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies.and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMIERiCAN
INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
this 27th da' of February 2025.
raNta�tY, '. `,o0.03 Cow„ ' 'oq,
SEAL =8 SEM? sx e m
�> tee'a SEAL `e
nn ",, un, ,,,,• Wvop,`d``,
By:
t
77roaras O.McClellan Dawn E.Brawn
V ce President Secretary
On this 27th day of February, A.D.2025, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified.Thomas O.McClellan,Vice
President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,
and acknowledged the execution of same.and being by me duly sworn,deposeth and saith.that he/she is the said officer of the Company aforesaid,and that the seals affixed to
the preceding instrument arc the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the
said instrument by the authority and direction of the said Corporations.
iN TESTIMONY WHEREOF,l have hereunto set my hand and affixed my Official Seal the day and year first above written_
Genevieve M.Matson
Notary Public
My ComNssion Expire January 27.2029
EXTRACT FROM BY-LAWS OFTHE COMPANIES
"Article V.Section 8.,lttomevs-in-Fact. The Chief Executive Officer.the President,or any Executive Vice President or Vice President may.by written instrument under the attested corporate seal.
appoint attome5s-in-fact with authority to execute bonds,policies.recognizances,stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such
attorney-in-fact taaffic the corporate seal thereto:and may with or without cause modify of-revoke any such appointment or authority at any time."
1,the undersigned.Vice President of the ZURICH AMERICAN INSURANCE COMPANY,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.and the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND,do hereby certify dint the foregoing Power of Attorney is still in full force and effect on the date of this certificate:and I do further certify that Article V.Section 8.
of the By-Laws oftlte Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY
at a meeting daily called and held on the 15th day of December 1998.
RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company inay be affixed by facsimile on
any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERiCAN CASUALTY AND
SURETY COMPANY at a meeting duly called and held on the 5th day of May.1994.and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
at a meeting duly called and held on the 10th day of May,1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically repunduced signature of any Vice-President,Secretary.or Assistant Secretary of the
Company.whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force
and effect as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals ofthe said Companies, 25tt('�of �� �Maarch 2025
71/ 91•G�'�9�"!it ieL `1,.,$\1fttiIll/////.
Mary Jean Pethick c)��Q,4 0qq�"
Vice President
=r• SEAL 5 _
��30•'• :•
7890••:O��,