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