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HomeMy Public PortalAboutAgreement_2012-10-16_Unique Performance ConstructionCITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT No. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT PROJECT: THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) THIS AGREEMENT "Agreement" is made and entered into this 16th day of October. 2012 , by and between the CITY OF TEMPLE CITY, a Municipal Corporation located in the County of Los Angeles, State of California hereinafter called CITY, and Unique Performance Construction, Inc., [a corporation], located at 1321 N Jefferson St., Anaheim, CA 92807 hereinafter called CONTRACTOR, collectively referred to an the Parties. RECITALS CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or before October 9, 2012, 11 AM, for the following: THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) in the City of Temple City, California, hereinafter called PROJECT. On said date, in the Temple City Council Chambers, said bids were duly opened. At its regular meeting held on October 16, 2012, the City Council of Temple City duly accepted the bid of CONTRACTOR for said PROJECT as being the lowest reasonable bid received and directed that a written contract be entered into with CONTRACTOR. NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows: ARTICLE I The CONTRACT DOCUMENTS for the PROJECT shall consist of the Notice Inviting Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions, Plans, CONTRACTOR's Proposal, and all referenced specifications, details, standard drawings, and appendices, together with this contract and all required bonds, insurance certificates, permits, notices and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, GIP NO. P12-05) All of the rights and obligations of the CITY and CONTRACTOR are fully set forth and described in the CONTRACT DOCUMENTS. All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The document comprising the complete contract are hereinafter referred to as the CONTRACT DOCUMENTS and are incorporated herein by this reference and made and part hereof as though they were fully set forth herein. ARTICLE II For and in consideration of the payments and agreements be made and performed by CITY, CONTRACTOR hereby agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS. ARTICLE III CONTRACTOR hereby agrees to receive and accept the total amount Two Hundred Forty- seven Thousand Eight Hundred Sixty Dollars ($247,860), based upon those certain unit prices set forth in CONTRACTOR's Bid Schedule, a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof, 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 form actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. The Contract Sum is not subject to escalation, the Contractor having satisfied himself with said Contract Price, which includes all labor and material increases anticipated throughout the duration of this Construction Contract. CITY shall retain five percent (5%) of said contract price until said time as the provisions of Article XIV herein have been met. CITY's obligation is payable only and solely from Community Development Block Grant (CDBG) funds appropriated from the United States Department of Housing and Urban Development (HUD) and for the purpose of this Contract. All funds are appropriated every fiscal year beginning July 1. In the event this Contract extends into the succeeding fiscal year and funds have not been appropriated, this Contract will automatically terminate as of June 30 of the current fiscal year. The CITY will notify the Contractor in writing in ten (10) days of receipt of the non -appropriation notice. CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID N0, P12-05, CIP NO. P12-05) ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the said amounts set forth in Article III hereof, and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS. In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of both State and Federal law with respect to the employment of unauthorized aliens. Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney's fees, incurred by the CITY in connection therewith. Furthermore, CONTRACTOR hereby represents and warrants that it is not currently, and has not at any time within the past five (5) calendar years been, suspended, debarred, or excluded from participating in, bidding on, contracting for, or completed any project funded in whole or in part by any federally funded program, grant or loan, or any project funded in whole or in part by a program, loan or grant from the State of California, and that CONTRACTOR currently has and for the past five (5) calendar years has maintained in good standing, a valid California contractors license. CONTRACTOR agrees to complete and execute any statement or certificate to this effect as may be required by the City or by any federal or State of California program, loan or grant utilized on this project. ARTICLE V CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued to said CONTRACTOR by the Director of Public Works of CITY and shall complete work on the PROJECT within forty (40) working days after commencement. ARTICLE VI CONTRACTOR shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, or sexual orientation in the performance of this AGREEMENT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. CONTRACTOR hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) AGREEMENT, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney's fees, incurred by the CITY in connection therewith. ARTICLE VII CONTRACTOR is aware of and agrees to abide by the provisions of California Labor Code Sections 1720, et seq., as well as 1771, 1773, 1773.1, 1773.6, 1773.7, 1775 and 1776, pertaining to the obligation to pay prevailing wages with respect to the performance of work. Copies of the prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work for each craft are available upon request from the City. A copy of the prevailing rate of per diem wages shall be posted at the job site. If such posting is not possible, a copy shall be posted at the business of the CONTRACTOR. This is a federally -assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. ARTICLE VIII A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; 2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or, 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract. B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. C. CITY shall promptly investigate the reported conditions. If CITY, through its Director of Public Works, or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, then CITY shall issue a change order. CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO, P12-05, CIP NO. P12-05) D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. ARTICLE IX CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising form the performance of the CONTRACTOR's work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility of negligence; provided (a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason for the aforesaid hold - harmless AGREEMENT because of the acceptance by CITY or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this AGREEMENT. (b) That the aforesaid hold -harmless AGREEMENT by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR, or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. ARTICLE X CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the contract price thereof conditioned upon the faithful performance of this contract and upon the payment of all labor and materials furnished in connection with this contract. ARTICLE XI CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall CONTRACTOR allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. 5 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) (a) COMPENSATION INSURANCE - CONTRACTOR shall take out and maintain, during the life of this contract, Worker's Compensation Insurance for all of CONTRACTOR's employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in work under this contract at the site of the PROJECT is not protected under any Workers' Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. (b) COMPREHENSIVE GENERAL LIABILITY PRODUCTS/ COMPLETED OPERATIONS HAZARD COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this contract such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR, and any subcontractor performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR's or any subcontractor's operations under this contract, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (2) Products/Completed Operations Hazard Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (3) Comprehensive Automobile Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (4) Contractual General Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth hereinabove. (c) PROOF OF INSURANCE - The insurance required by this AGREEMENT shall be with insurers which are Best A rated, and California Admitted or better. The CITY of Temple City shall be named as "additional insured" 6 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of the contract. (d) NOTICE TO COMMENCE WORK - The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence work under this contact until CONTRACTOR has provided to the CITY the proof of insurance as required by subparagraph (c) of this article. ARTICLE Xll If any dispute shall arise concerning this AGREEMENT, the prevailing party shall be entitled to attorney fees. ARTICLE XIII The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the PROJECT is not commenced and/or completed on or before the dates specified for commencement and completion of the PROJECT in the CONTRACT DOCUMENTS. The parties have considered the facts of a breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event such work is not begun and/or completed and accepted by the times so specified in the CONTRACT DOCUMENTS, the sum of Two thousand Three Hundred Dollars ($2,300) shall be presumed to be the amount of damages suffered by the CITY for each calendar day's delay in the starting and/or completion and acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of Two thousand Three Hundred Dollars ($2,300) as liquidated damages for each calendar day of delay in the starting and/or completing and acceptance of said PROJECT beyond the dates specified in the CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be done so in accordance with that certain edition of the Standard Specification for Public Works Construction currently in effect on the execution date of this Contract. CONTRACTOR NAME CITY OF TEMPLE CITY, a by President by Secretary corporation by by CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT No. 60152412, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12.05) ARTICLE XIV Upon completion of PROJECT and acceptance of same by the CITY Council, the CITY Manager shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Article III hereof; provided there have been no mechanics' liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work. ARTICLE XV This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without first obtaining the written consent of the CITY thereto. ARTICLE XVI The provisions of this AGREEMENT are cumulative and in addition to and not in limitation of any rights or remedies available to CITY. ARTICLE XVII This project is funded by Community Development Block Grant (CDBG) funds appropriated from the United States Department of Housing and Urban Development (HUD) and for the purpose of this Contract. The funds are appropriated by the Community Development Commission County of Los Angeles Los Angeles County. The following are additional contract provisions for compliance with the funding program requirements. In the event of conflict of this section with other sections of the contract, the more stringent section shall prevail: Breach and Termination Waiver by the CITY of any breach of this Construction Contract shall not constitute a waiver of any other breach or of any future breach. No payment made hereunder shall be construed to be an acceptance of defective work or improper materials. In addition to any right of termination reserved to the CITY, the CITY may terminate this Construction Contract or performance under this Construction Contract, if the Contractor is adjudged bankrupt, a receiver is appointed because of the Contractor's insolvency, or the Contractor makes a general assignment for the benefit of its creditors, fails to make prompt payment to subcontractor(s), or for material or labor, persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, fails to construct the project in accordance with the Drawings and Specifications, or otherwise substantially violates any provision of the Contract Documents. a CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO, P12-05) CITY shall give the Contractor and his surety written notice prior to terminating this Construction Contract or performance under this Construction Contract, provided that the Contractor shall, upon receipt of such notice, immediately stop the installation of improvements, or other permanent construction work encompassing part of the project. Upon termination, the CITY may take possession of the project and all materials, equipment, tools, and construction equipment and machinery owned by the Contractor and located at the project site, and may finish the project by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment under this Construction Contract. CITY shall not be deemed to have waived any of its other rights or remedies against the Contractor by exercising its right of termination under this Article. This Contract may be terminated by the CITY upon written notice to the Contractor for cause (failure to perform satisfactorily any of the Contract terms, conditions, and work items) with no liabilities incurred by the CITY upon termination or upon the occurrence of any of the following events: a. Continuing failure of the Contractor to perform any work required to be performed hereunder in a timely and good workmanlike manner, or Contractor is not properly carrying out the provisions of the Contract in their true intent and meaning, then in such case, notice thereof in writing will be served upon the Contractor; and should the Contractor neglect or refuse to provide a means for a satisfactory compliance with this Contract and with the direction of the Authority within the time specified in such notices, the CITY shall have the power to suspend the performance of this Contract by Contractor in whole or in part. b. Failure on the part of the Contractor to procure or maintain insurance required by this Contract shall constitute a material breach of contract upon which the CITY may immediately terminate this Contract. c. Should the Contractor fail within five (5) days to perform in a satisfactory manner, in accordance with the provisions of this Contract, or if the work to be done under said Contract is abandoned for more than three (3) days by the Contractor, then notice of deficiency thereof in writing will be served upon the Contractor. Should the Contractor fail to comply with the terms of said Contract within five (5) days, upon receipt of said written notice of deficiency, the Executive Director of the CITY shall have the power to suspend or terminate the operations of the Contractor in whole or in part. d. In the event that a petition of bankruptcy shall be filed by or against the Contractor. If, through any cause, the Contractor shall fail to fulfill, in a timely and proper manner, the obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the CITY shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor under this Contract shall, at the option of the CITY become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed. Termination for Improper Consideration: The CITY may, by written notice to Contractor, CITY OF TEMPLE CiTY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) immediately terminate the right of Contractor, to proceed under this Construction Contract if it is found that consideration, in any form, was offered or given by Contractor, either directly or through an intermediary, to any officer, employee or agent of the CITY with the intent of securing the Contract or securing favorable treatment with respect to the award, amendment or extension of the Contract or the making of any determinations with respect to the Contractor's performance pursuant to the Contract. In the event of such termination, the CITY shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by the Contractor. Contractor shall immediately report any attempt by any officer or employee of the CITY to solicit such improper consideration. The Report shall be made to the Executive Director of the CITY or the County Auditor -Controller's Employee Fraud Hotline 8001544-6861. Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or tangible gifts. Termination for Convenience: The CITY reserves the right to cancel this Contract for any reason at all upon thirty (30) days prior written notice to Contractor. In the event of such termination, Contractor shall be entitled to a prorated portion paid for all satisfactory work unless such termination is made for cause, in which event, compensation if any, shall be adjusted in such termination. Qualitv Assurance Plan The CITY will evaluate Contractor's performance under this Contract on not less than a quarterly basis. Such evaluation will include assessing Contractor's compliance with all Contract terms and performance standards. Contractor deficiencies which the CITY determines are severe or continuing and that may place performance of the Contract in jeopardy if not corrected will be reported to the CITY Council. The report will include improvement/corrective action measures taken by the CITY and the Contractor. If improvement does not occur consistent with the corrective action measures, the CITY may terminate this Contract or seek other remedies as specified in this Contract. Contractor's Warranty of Adherence to County's Child Support Compliance Program Contractor acknowledges that the County of Los Angeles, hereinafter referred to as "County", has established a goal of ensuring that all individuals who benefit financially from County or Authority through contract are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon County and its taxpayers. As required by Contractor's Child Support Compliance Program (County Code Chapter 2.200) and without limiting Contractor's duty under this Contract to comply with all applicable provisions of law, Contractor warrants that it is now in compliance and shall during the term of this Construction Contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). 10 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) Termination For Breach of Warranty to Maintain Compliance with Coun 's Child Su ort Compliance Program Failure of Contractor to maintain compliance with the requirements set forth in Paragraph 9.1, "Contractor's Warranty of Adherence to County's Child Support Compliance Program" shall constitute a default by Contractor under this Contract. Without limiting the rights and remedies available to County and the Authority under any other provision of this Contract, failure to cure such default within ninety (90) days of notice by the Los Angeles County District Attorney shall be grounds upon which the Board of Commissioners may terminate this Contract pursuant to Article 7, "Breach and Termination". Post L. A.'s Most Wanted Parents List Contractor acknowledges that County places a high priority on the enforcement of child support laws and the apprehension of child support evaders. Contractor understands that it is County's policy to encourage all County and Commission contractors to voluntary post County's "L.A.'s Most Wanted: Delinquent Parents" poster in a prominent position at Contractor's place of business. District Attorney will supply Contractor with the poster to be used. Compliance with Laws The Contractor agrees to be bound by applicable federal, state and local laws, regulations, and directives as they pertain to the performance of this Agreement. This Agreement is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended by the Cranston -Gonzalez National Affordable Housing Act, 1990, and the 24 CFR Part 85. If the compensation under this Agreement is in excess of $100,000 then Contractor shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 18579h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR part 15). The Contractor must obtain and present all relevant state and local insurance, training and licensing pursuant to services required within this Agreement. Contractor shall comply with the following laws: Civil Rights Act of 1964, Title VI (Non-discrimination in Federally Assisted Programs) Title VI provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 No person in the United States shall be excluded from participating in, be denied the benefits 11 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT N0.601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) of, or be subjected to discrimination under this Contract on the basis of age or with respect to an otherwise qualified handicapped individual. Executive Order 11246 and 11375 E ual O ortuni in Em to ment Nondiscrimination in Employment by Government Contractors. Subcontractors, and Contractors) During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided to the agency contracting officer, advising the labor union or workers' representatives of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulation and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required by the Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of the contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in the Executive Order and such other sanctions may be imposed and remedies invoked as provided in the Executive Order or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the provisions of these paragraphs in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of the Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided however, that in the event the Contractor becomes involved in, or is threatened with litigation 12 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) with a subcontractor or vendor as result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Section 3 of the Housina and Community Development Act of 1968 as Amended The contractor is required to make efforts to the greatest extent feasible, to provide opportunities for training and employment to low-income residents of the project area and to make efforts to provide contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining Contract or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD 13 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT COBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Lobbyist Ordinances A. County Lobbyist Ordinance: Contractor and each County Lobbyist or Country lobbyist firm, as defined in Los Angeles County Code Chapter 2.160 (County Ordinance 93-0031), retained by the Contractor, shall fully comply with the requirements as set forth in said County Code. The Contractor must also certify in writing on the County Lobbyist Certification form that they are familiar with the Los Angeles County Code Chapter 2.160 and that all persons acting on behalf of the Contractor will comply with the County Code. Failure on the part of the Contractor and or Lobbyist to fully comply with the County Lobbyist requirements shall constitute a material breach of this Contract upon which the CITY may immediately terminate this Contract and the Contractor shall be subject to civil liability pursuant to Los Angeles County Code Chapter 2.160 (County Ordinance 93-0031) B. Federal Lobbyist Requirements: The Contractor is prohibited by the Department of Interior and Related Agencies Appropriations Act, known as the Byrd Amendments, and HUD's 24 CFR Part 87, from using federally appropriated funds for the purpose of influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment or modification of said documents. The Contractor must certify in writing on the Federal Lobbyist Requirements Certification form that it is familiar with the Federal Lobbyist Requirements and that all persons and /or subcontractors acting on behalf of the Contractor will comply with the Lobbyist Requirements. Failure on the part of the Contractor or persons/subcontractors acting on behalf of the Contractor to fully comply with the Federal Lobbyist Requirements shall be subject to civil penalties. Access and Retention of Records The Contractor shall provide access to the CITY, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records of the Contractor which are directly pertinent to the specific Contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor is required to retain the aforementioned records for a period of five years after the grantee pays final payment and other pending matters are closed. 14 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) Compliance With Laws The Contractor agrees to be bound by applicable Federal, state, and local laws, regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended by the Cranston -Gonzalez National Affordable Housing Act, 1990, and the Code of Federal Regulations 24 CFR Part 85. The Contractor must acquire and present all relevant state and local insurance, training and licensing pursuant to services required within this Contract. Conflict of Interest The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venturer or shareholder (other than as a shareholder holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the CITY. Upon execution of this Contract and during its term, as appropriate, the Contractor shall disclose in writing to the CITY, any other contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the CITY interest and the interests of the third parties. Safety Standards and Accident Prevention The Contractor shall comply with all applicable Federal, state and local laws governing safety, health and sanitation. The Contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, on his own responsibility, reasonably necessary to protect the life and health of employees on the job and the public and to protect property in connection with the performance of this Contract. Drug Free Workplace Act of the State of California The Contractor certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990. Copyright No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. All documents become the property of the CITY and the CITY holds all the rights to said data. Patent Rights The CITY will hold all the patent rights with respect to any discovery or invention which arises or is developed in the course of, or under this Contract. Notice to Employees Regarding the Federal Earned Income Credit Contractor shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal 15 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE; 03L; BID NO. P12-05, CIP No. P12-05) income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015. Use of Recvcled-Content Paper Products Consistent with the CITY Council and/or County Board of Commissioners' policy to reduce the amount of solid waste deposited at the County landfills, the Contractor agrees to use recycled - content paper to the maximum extent possible on the project. Contractor Responsibility and Debarment A. A responsible contractor is a contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the policy of the County, the Commission and the CITY to conduct business only with responsible contractors. B. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County, which, as defined under Section 2.202.020, includes the CITY, acquires information concerning the performance of the Contractor on this or other contracts which indicates that the Contractor is not responsible, the County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County or CITY contracts for a specified period of time not to exceed 3 years, and terminate any or all existing contracts the Contractor may have with the CITY. C. The CITY may debar a contractor if the CITY Council and/or County Board of Commissioners finds, in its discretion, that the contractor has done any of the following: (1) violated any term of a contract with the County, the CITY, (2) committed any act or omission which negatively reflects on the contractor's quality, fitness or capacity to perform a contract with the County, the CITY or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County, the CITY or any other public entity. D. If there is evidence that the Contractor may be subject to debarment, the CITY will notify the Contractor in writing of the evidence, which is the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. E. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the Contractor may be deemed to have waived all rights of appeal. F. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the CITY Council and/or County Board of Commissioners. The CITY Council and/or County Board of Commissioners shall have the 16 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12.05) right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. G. These terms shall also apply to subcontractors. --------SIGNATURES ON FOLLOWING PAGE -------- 17 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day of ���►' , 201L by their respective officers duly authorized in that behalf. ATTE : By: Emn�r� Pe4fiyYU, City Clerk APPROVED O By: Eric S. Vail, City Attorney is CITY OF TEMPLE CITY a Municipal Corporation By. Jose Pu ' o, City Manager CONTRACTOR Name: Unique Performance Construction, Inc. a California corporation By: Name and Title by Secretary