HomeMy Public PortalAbout16) 10B Acceptance of Bid and Award of Contract for CDBG Project Downtown Parking Lots ADAAGENDA
ITEM 10.8.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: May 6 , 2014
TO: The Honorable City Council
FROM : Do na ld E. Penman, Interim City Manager
Via: Geoffrey Starns , AICP , Planning Manager
By: Adam L. Gulick, Associate Planner
Ali Cayir, PE, City Engin eer
SUBJECT: ACCEPT ANC E OF BID AND AW ARD OF CONTRACT FOR THE
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROJECT FOR DOWNTOWN PARKING LOTS AND TEMPLE
CITY BOULEVARD ACCESSIBILITY IMPROVEMENTS PER THE
AMERICAN WITH DISABILITY ACT (PROJECT NO. 601596-13,
HOUSING AND URBAN DEVELOPMENT (HUD) CODE: 03G AND
PROJECT NO. 601595-13, HUD CODE: 03L; BID NO. P14-14 AND P14-
15, CIP NO. P14-14 AND P14-15)
RECOMME NDATION:
T he City Council is requested to:
a) Accept th e bid subm itted by FS Construction (Attachment "A") for the federally
funded CDBG Project for Downtown Parking Lots and Temple C ity Bo u leva rd
Accessibility Improvements Project per the Ame rican with Disabili ty Act
(ADA)(Project No. 601596-13, HUD Code: 03G and Project No. 601595-13 ,
HUD Code: 03L; Bid No . P14-14 and P14-15; CIP No. P14-14 and P14 -15);
and
b) Authorize the Interim City Manager to execute the Public Works Contract with FS
Construction (Attac hm e nt "B").
BACKGROUND:
1. O n March 11 , 20 13, the City was notified that $611 ,565 of CDBG unallocated
funds mu st be expend ed by March 30 , 2 013 du e to th e Los An ge le s County
Community Development Commission 's (CDC) drawdown requirement. The
CDC 's policy states that if a city fail s to expend funds in excess of 150% of its
annual allocation by Marc h 301h of each year, the city is required to participate in
City Council
May 6, 2014
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an appeal hearing process with the CDC to make a case that the excess CDBG
funds are needed for an existing program or project, and will be expended within
six months .
2 . On March 12, 2013 , the City, Willdan Engineering (Wi lldan) and CDC staff met
to discuss the status of the City's FY 2013-14 CDBG Programs, FY 2014-15
CDBG Programs and two out of cycle projects (i.e ., Downtown Parking Lot ADA
Improvement Project and the Temple City Boulevard ADA Improvement Project),
which would assist in reducing the City's unallocated CDBG funds . The CDC
requested that the City provide additional i nformation relating to the specific work
and estimated costs .
3 . On May 15 , 2013, City staff received notification from the CDC that the two out
of cycle projects (i.e ., Downtown Parking Lot ADA Improvement Project and the
Temple City Boulevard ADA Improvement Project) were initially approved , and
the City could proceed with publishing the required 30-day notice to establish the
two new out of cycle projects and conduct the required public hearing .
4 . On June 18, 2013 , the City Council conducted a public hearing and approved the
establishment of two new out of cycle projects (Projects) utilizing CDBG funds to
bring existing downtown parking lots and a portion of Temple City Boulevard into
compliance with ADA accessibility standards (i.e ., Downtown Parking Lot ADA
Improvement Project: $1 15,000; and Temple City Boulevard ADA Improvement
Project: $1 05 ,000).
5 . In July 2013 , the CDC approved and executed the CDBG funding agreemen ts
with the City for the Projects . CDC also granted City's request to combine bid
packages for the Proje cts into one bid package and award the contract to one
single contractor.
6 . In October 201 3 , the City's co ntracted eng ineer, Transtec h Eng ineers , Inc.
(Transtech), finalized the Project plans and bid package based on initial
comments received from the CDC .
7 . In December 20 13, a complete bid package (i .e ., project plans , cost and
eligibility table , location map , and aerial plans with a description of the scope of
work) was submitted to CDC for their review and approval. Because the Project
is utili z ing CDBG Funds , the Project requires review and approval from the CDC
prior to publishing the bid noti ce .
8 . In January 2014 , the CDC informed City staff that the bid package for the Project
was approved.
9. On January 30 and Feb ruary 6 , 2 014 , th e City publish e d the Project Bid Notice
(Bid Notice) in the Temple City Tribun e , with a bid deadline of Marc h 4 , 2014.
City Council
May 6 , 2014
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Additionally, the City posted the Bid Notice on City 's website and Transtech
requested publishing of the Project Bid Notice through various contractor trade
publications .
10 . On February 18 , 2014 , per the CDC requ irements , a non-mandatory pre-b id
meeting was conducted to answer any questions from prospective bidders and to
ex plain the Federal Labor Standards Provisions , Section 3 Clause , and the
prevailing wage requirements of the Dav is-Bacon and related Acts .
11 . On March 4, 2014 , the City Clerk conducted the bid opening for the Project. Three
bids were submitted (i .e., Unique Performance Construction , Inc ., FS
Construction , and El Camino Construction & Engineering) and the lowest bid
received was in the amount of $200 ,000 .
12 . On March 21, 2014 , City staff consulted with the City's CDBG Program Manager
regarding the shortage of funds for the Project as the lowest bid was higher than
the engineer's estimate. The Program Manager advised staff to look at the City's
policies and procedures to make a decision on whether the budget amendment
would be considered a substantial amendment, which requires a public comment
period . Staff determined that it may be considered a substantial amendment, since
the proposed amendment is almost 25 % of the City 's annual CDBG allocation .
13 . On April 3 , 2014 , a publ ic notice for the City Council to consider in creasing the
budget for the Project was published in the Temple City Tribune.
ANALYSIS:
At the June 27 , 2012 meeting with the CDC , staff confirmed the C ity's commitment to
meeting an aggressive schedule for the construction of ADA accessibility ramps in City-
owned parking lots as well as street corners and sidewalks . The process for large-scale
public works construction projects require a more extensive bidding process . This has
changed the City's past practice to have the Los Angeles County Department of Public
Works construct the ADA ramps per its existing General Services Agreement with the
County. Additionally, due to the County Public Works' 20 % overhead charge , the CDC
is not allowing the City to use the County Pu b lic Works for th e se proj e cts and require
that all public work related construction projects go through a competitive bidding
process . Therefore , the City contracts with qua lif ied firms to manage and perform the
CDBG-funded public works projects . The following two firms were retained to provide
professional services for the Project:
Willdan Engineering (Willdan):
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May 6, 2014
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• The Professional Services Contract for Section 3, Labor Compliance and
Enforcement Services was awarded to Willdan .
Transtech :
• The Professional Services Contract for Design , Bidding Support and
Construction Administration Services was awarded to Transtech based on the
master contract with the City , which stipulates that Transtech would perform
professional engineering services on Capital Projects based on approved scope
and fee by the City.
This Project will construct handicap access ramps and associated facilities at 11 City
parking lots in the downtown areas , and curb ramps and associated sidewalk
improvements (remove ADA access barriers) at four intersections along Temple City
Boulevard . The engineer's cost estimates for the Project, including soft costs , was
$216 ,860 .
Since the project is utilizing CDBG (federal) funds , the City is required add a Section 3
provision to the bid notice for the project. Section 3 is a provision of the HUD Act of
1968 that helps promote local economic development, neighborhood economic
development and self-sufficiency. Section 3 businesses are given a preference when
bidding on a federally funded project. For a business to become Section 3, they must
be owned by 51% or more residents that are very low-or low-income ; employs 30% or
more very low-or low-income residents ; or provide evidence of a commitment to
subcontract to another Section 3 business , 25% or more of the dollar amount of the
award contract. The Section 3 preference provision is a tiered system , which is based
on the lowest responsible bid amount.
The City received three bids for this project, as follows :
Bidder Name Total Bid Amount Bid Amount
Ranking
FS Construction $200 ,000 1 (Section 3 Non-responsive)
Unique Performance $208,600 as submitted 2 Construction, Inc. (Section 3 Non-responsive)
El Camino Construction & $291 ,205 3 Engineering
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May 6, 2014
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The apparent low bid was submitted by FS Construction in the amount of $200 ,000.
Transtech and Willdan co ndu cted an apparent l ow bidder analysis (Atta chment "E ") as
follows :
1. Reviewed the summation of bid prices and included the b id analysis results. The
analys is resulted in FS Construction 's total bid amount to $200,000 (by summing
up unit prices of all b id items); Un iqu e Performance Construction , Inc.'s total bid
amount to $2 08 ,600 (by sum ming up unit prices of all b id it ems), and El Camino
Construction & Engineering's tota l bid amount to $291 ,205 (by summing up unit
prices of all bid items). The two lowest bidders did not indicate that they were a
Section 3 business . Th e highest bid , subm itted by El Cami no Construction &
Eng ineering , indicated that they are a Sectio n 3 business , however, they were
not give n Section 3 preference f or the project because their bid was more than
$21,000 of the lowest bid . The analysis determined that FS Co nstruction 's bid as
the lowest respons ive bid for the project;
2 . Contacted the bond ing company to verify that the bidder is properly bonded ;
3 . Verified with the State Contractor's Li censing Board that the bidder is properly
licensed (Attachment "F");
4 . Verified using th e Federally Excluded Parties List System (EPLS) to verify that the
bidder is not excluded from bidd ing federally fu nded projects (Attachment "G ");
5 . Conta cted the three references provided by the bidder; and
6 . Reviewed that al l Section 3, Labo r Co mpliance and CDC documents were
submitted with the bid and found them to be in compl ia nce.
Based o n the above bid a nalys is , FS Construction, was estab lished as the lowest,
responsive and responsible bid . Due to the lowest bid being higher than the engineer
estim ate for th e project, the tota l project budget has increased t o $260 ,000 (see
breakdown below), requ iring an additional $4 0 ,000 . Any expenses exceeding the
project's orig in a l a llo cation of $220,000 must be paid through the City's unallocated
CDBG balance or general fu nds.
Item Cost
FS Construction (lowest b id) $200,000
1 0% conting ency $ 20,000
20% soft costs for
construction manag ement $ 40,000
and labor complian ce
City Council
May 6 , 2014
Page 6 of 6
I Total Project Cost
CONCLUSION:
1 $260,000
The City Council is requ ested to accept the bid for the federally funded CDBG Project
for Downtown Parking Lots and Temple City Boulevard Access Improvement per ADA
(Project No . 601596-13 , HUD Code : 03G and Project No . 601595-13 , HUD Code:
03L; Bid No . P14-14 and P14-15; CIP No . P14-14 and P14-15) submitted by FS
Construction in the amount of $200 ,000 as the lowest , responsive and responsible bid ;
and authorize the City Manager to execute a Public Works Contract w ith FS
Construction in an amount not to exceed $200 ,000 .
FISCAL IMPACT:
The original budget for the Project was $220 ,000, which was approved on June 18 ,
2013. Tonight staff recommended a budget amendment of $40 ,000 for the Project
utilizing a portion of the City's unallocated CDBG funds. If the recommended budget
amendment was approved , $264 ,000 of CDBG funds will be available for this Project
for Fiscal Year 2013-14 .
ATTACHMENTS:
A. Low bid submitted by FS Construction
B. Temple City Standard Project Agreement for ADA Project, modified per CDC
standard contract requirements
C . ADA Project location map
D. Bid Notice for the ADA Project
E. Bid Analysis from Transtech and Willdan
F. California State Li cense Contractor's search result for FS Construction
G. EPLS debarment search results for FS Construction
ATTACHMENT A
C. BIDDER'S PROPOSAL
Do wntown Park ing Di strict Lots, ADA I m p rovements
CDBG Federa l Funde d Pr oj ect, Proj ect No. 601596-13, HUD Code: 03G
and
Temple Ci ty Boulevard ADA Ac cessi b ility Impr ovem ents
CDBG Fed er al Fund ed Pr oj ect, Proj ect No. 501595-13, HUD Code: 03L
Bid No.: P14 -14 & P14-15
Ci ty of Tem ple City
I Bidder's Name: FS Construction
In accordance with the City of Temple City's Notice Inviting Sea led Bids, the undersigned BIDDER, hereby
proposes to fu rn ish all mat eria ls, equ i pment, tools, labor, and incidentals requ i red for t he above stated
project as se t forth in t he Plans, Specifications, and co ntract documents t herefore, and to perform all
work in the m anner and t ime prescr ibed t herein.
BIDD ER dec lares t hat this proposal is based upon ca re f ul examination of the wo rk site, Plans,
Specifications, Inst r uctions t o Bidders, and all other con tract docu ments. If th is proposal is accepted for
award, BIDDER understands t hat failure to enter in t o a contract in the ma nne r and time prescribed will
re su lt in f o rfeit ure to t he City of Temple City of the guarantee accompanying t his proposal.
BIDDER underst an ds t hat a bid is required f or the entire work. The contract w i ll be awarded on the
prices shown on the b id sc hedule. It is ag r eed that t he unit and/or lump sum prices bid i nclude all
appu rtenan t ex pe nses, taxes, royal ties and f ees. In the case of disc r epancie s in the a mounts of bid, u nit
prices shall govern over extended amount, and words shall govern over figu r es .
If awarded t he Co nt ract, t he t:J nde rs igned furt he r agrees that in the eve nt of the BIDDER'S default in
executing the requir ed con t ract and fil ing the ne cessary bo nds and insu r ance certi f ica tes w ithin ten
working days after t he date of the City of Temp le City's no tice of awa rd of contract to t he BID DER, the
proceeds of the sec urit y accompany i ng this bid shall become the property o f the City of Temple City and
t his bi d and t he acce ptance hereof may, at the City of Temple City's option, be cons i dered null and void.
BID SCHEDULE
To t he Temple City's City Counci l, herein called the "Co uncil".
Pursuant to and i n co mpliance with your No t ice Invit i ng Bids and t he other documents re lating thereto, the
unde r signed bidder, hav i ng familiarize d hi mse lf with t he work as pe r the paragraph, Discre pa ncies and
M is understa ndi ngs, conta ined in the I NSTRUCTIONS TO BIDDERS sec t io n, and w it h t he terms o f the
contract, the loca l co nd itions affecting the performance of the contract, and th e cos t of the w ork at t he
place where the work is done, and with the d rawings and specif ications an d other contract documents,
hereby proposes and agrees t o pe rfo rm, within th e t i me sti pu lated, the con t ract , i ncludi ng all of it s
component parts, and everything required to be perfor med, an d to prov ide an d furnish any and all of t he
labor , mat erials, tools, expenda bl e equipment, and all app licable taxes, uti lity and transportation services
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BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
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necess ary t o perfo rm the co ntract an d com plete in a workman like ma nner, all i n strict co nfor mit y w ith the
Contract Do cuments on f ile at the office of t he Ci ty Clerk of said City, per the foll owin g bid sched ule
(B idde r sha ll provi d e a bid amount fo r each bid it em. Fa i lure t o prov id e a bid for ea ch b id it e m shall render
th e bid no n-res ponsiv e):
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BIDDER SHALL COMPLETE AND SUBMIT AU DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
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BID SCHEDU LE 1 FOR
Downto wn Parki ng District Lots, ADA Improv e m ents
CDBG Fe d e r al Funde d Pr oject, Proj e ct N o.601596-13, HUD Code: 03G
N o . Ite m De scr ipt ion Qty Uni t Price Total Price
1 ADA I m p rovement s at Par k i ng Lo t 1A 1 L5 $ s;ooo $ 5;" ot>O
2 ADA I mprovement s at Parking Lot 1B 1L5 $ _s;vt>O $··~DO 0
3 1\DI\ Impr oveme nt s at Parking Lot 3 1 LS $ f;'i>VO $ .s, 0()0
4 /\DA Improvements at Parking Lo t 4 1 LS $ .s;_vc.>v $ .Sl OOo
5 ADA I mpro v e m ent s at Parki ng Lo t SA 1LS $ 7. '5 tJO $ -z s-ro o
6 ADA I m p rove m en t s at Par ki n g Lot SB 1 LS $ 1, ;;oo $ J. ~-() v
7 ADA I mprove m e nts at Parking Lot 6A 1 LS $ 7tJOO $ 700 0
8 ADA I mprovem e n t s at Parking Lot 66 lLS $ blooD $ ~' OtJO
9 ADA I mpr ov e ments at Pa r king Lo t 7A 1 LS $ .Sot>o $ 5 ooo
10 ADA Improvements at Parking Lot SA 1 LS $ §ot> 0 $ 5;.DOO
11 ADA Improvements at Parking Lot 8B 1 LS $ /000 $ ]ODO
TOTAL BID AMOUNT FOR BID SCHEDULE 1 $ (a5,DD0
BID SCHEDULE 2 FOR
Te mple Ci ty Boulevard ADA Access ibility Improv eme nts
CDBG Federal Fu nde d Proje ct, Proj ect N o . 601595-13, HUD Co d e: 03L
N o. Ite m De scri ption Qty Un i t Pri ce Tota l Pr i ce
1
ADA Improvem ents at T emple City Blvd ./Woodr u f f lLS
Ave . (See Appendix C, Photo In d ex Nos. 1-6)
$ SOooo $ )() 0 ~()
2 ADA Improvements at Temple City Blvd ./Las Tunas 1 LS $ l/ '-1 {) (.) 0 $ tflf,_ooo
Dr. (See Appe nd i x C, Photo Index N os . 7-10)
3
ADA I m p rove ments at Temple Ci t y Bl v d ./W o rkm an 1LS $ 2.b ,IJO t) $ Z6£ooo
Ave . (See Appe n dix C, Photo Index Nos. 11-13) '
4
ADA Improvements at Templ e City Bl v d ./Live Oak l LS $ IS ooo $ L5tooo
Ave . (See App e ndix C, Phot o I ndex Nos. 14-19)
TOTAL BID AMOUNT FOR BID SCHEDU LE 2 $ Lls-o()O
~ow ~sfo."AMovNr~w1Lufe E.sTA ai.ls~ep· E3:A~.e"o·_ol"l"fJ1 E-~G~~No--r9.Tt\L s1o AM9UN(FoR sto~. ·
sc;:_HE~UlE).~·arr.i:sc_Hepb LE i · .. , .. '::-1~~;<>:·.-. ';_ :.;·:.:::~·;s;:· ·· ·. . '··,; '·-. -.... ·;,·
In the case of d iscr epancies in t he amount of bid, u nit p rices sha ll govern ove r extended amo u nt s, an d
wor ds s h a l l govern over f igures.
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BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
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Full compensati on for the it ems listed to the site are Mobi lization I Demobilization
considered as included in each Bid Item listed above Traffic Control, Public Convenience and Safet y as applicable, and no additio nal and/or separate
compensation w ill be allowed . Remov als /Exca vation/Clearing/Gr ubbi ng
The bid prices shall include an y a nd all costs, i ncludi ng labor, materials, appurtenant expens es , ta xes,
royalties and any and all other inci dental costs t o complete the project, in compliance w ith the Bid
and Contract Documents and all applicable codes and standards.
All other work items not specifi cally l isted in the bid schedule, but necessary to complete the w ork per
bid and cont ract documents and all applicable codes and standards are assumed to be included in the
bid prices .
The City reserves the right to add, delet e, i ncrease or decrease the amount of any quantity shown and
to delete any i t em from the contract and pay the co ntractor at the bid unit prices so lon g as the t otal
amount of ch ange does not exceed 25% (plus or m inus) of the total bid amount for the entire project.
If the change excee ds 25%, a chan ge o r der may be nego tiated to adju st unit bid prices.
A b id is r equ ired for the entire w ork, that the quant it ies set forth in the Bid Schedu le are to ca lculate
total bid amount, an d t hat final compensation under the contract will be based upon the actual
quant ities of work sa tisfactorily completed.
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
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DES IGNATION OF SUBCON TRACTORS
BIDDER pr o p oses t o su bcon tract certa in portions o f t he work w hi ch are i n excess of one-half o f one
percent of the bid and t o procure materia ls and equipment f r om suppli ers and vendo rs as f ollows·
Subcontractor Inf orm at ion Work t o be Perfo rmed Do llar Amoun t
Nam e: N. /A-
Ad dress : I
$
Te l :
Name:
Address: $
Te l :
Nam e:
Address: $
Te l :
Name:
Address : $
Tel:
Name:
Address: $
Tel:
Name:
Address : $
Tel:
Name:
Address: $
Te l:
Total Subcontract Amount (shall not exceed 49% of Total Bid Amount) $
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BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL n
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REFERENCES
The City of Temple City Is interested in obtaining bids from the most qua lified and capable contra ctors
w ith a proven t rack record ab le to perform work desired by the Publ ic Works Department. Any and all
references required to be provided by the bid specifi ca t ions must be for projects constructed by the
biddi ng company; references for other pro jects performed by principals or other individua ls of the
biddi ng co mpany m ay not be included.
The following are the names , addresses, and t elepho ne numbers for three public agencies for w hi ch
BIDDER ha s performed similar work within the past t hree years.
Refe r ence Project Contract Date
Name Value Comp leted
A()fluC\ \ COncrek i):r:e«W ~\-ah kk \---\ ()(' s l 3.5,215
l-016
co tdev-n\ l(
$(223,111 Pvjus~ Cor\ ete.-4-e \-
.(~ 2J)I0
Contact Te l No: (l \4) .5
lA)hee\c ~\v
$ 1-~88q Jo}·i \01'0(J
8'4 ~s-h:\\\C\.~ofl 'l..o \2
BONDS
The followi ng ar e the name s, addresses, and t elephone numbe rs for all brokers and sureties from whom
Bidder intends t o procu re i nsu ran ce bonds:
SITE INSP ECTION
The Bid de r decla res that he/she has care fully read and exam i ned the plans, specif icat io ns, bid
documents, and he/she has made a personal examinat ion of the site (indica t e name of the pe rso n,
r ep rese nting t he bidder, w ho inspected the site and date below) and that he/she under st ands the exact
scope of t he Project W ITHOUT QUESTION.
Name of Pers on who inspected t he sit e:
Date of Ins pection:
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BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
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AD DEN DA ACKNOWLEDG MENT
The Bidder ack nowledges receipt of the following Addenda and has i ncluded thei r prov isions in this
Proposal:
Addendum No. ________ Dated ______ _
Addendum No. ________ Dated ______ _
EQUAL EM PLOYMENT OPPO RT UNITY CO MPLIANCE
BIDDER certifies that all previous contr acts or subcontracts, all reports which may have been due under
the requ irements of any Agency, Site, or Federal equa l employment opportunity orders have been
satis fa cto rily filed, and that no suc h reports are cu rrently outstanding.
AFF IRMATIVE ACT ION CE RTIF ICATI ON
BIDDER certifies that affi rm at ive action has been taken to see k out and consider m inority business
enterp rises for those portions of work to be subcontracted, and that such affirmative actions have been
fully docume nted, t hat said do cumentation is open to inspection, and that said affirma t ive action will
remain in effect for t h e life of any contract awarded hereunder. Furthe r more, BIDDER certifies that
affirmative actio n will be taken to meet all eq ual employment opportu nity requirement s of the con t ract
documents .
NON COLL USI ON AFFIDAVI T
BIDDER decla res tha t the on ly persons or parties interested i n this proposa l as principals are those
named herein: that no officer, agent, or em p loyee of t he City of Temple City is personally interest ed,
directly or indirect ly, in this proposal; t hat this proposa l is made without connection to any othe r
individual, firm , or corporation making a bid for the same work and that this proposal is in all respe cts
fair and w ithout collusion or f raud.
BIDDER I NFORMATION
Bidder's Name:
Address:
l
Form of Legal Enti t y (i.e ., individual, pa r t ne rship, corporation, etc.)
If a Corporation, Sta t e of Incorporation (i.e., Calif.)
Valid State Contractor's license No. and Class
Contact Person Information:
Title E-mail
The fo llowing are the names, titles, add resses, and phone numbers of all individuals, f irm members,
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BIDDER SHAll COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
s
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partners, joi nt venturers, and/or corporate officers having a pri ncipa l interest i n thi s proposa l:
The date(s) of any vo l untary o r involuntary bank rupt cy j udgements aga i nst any principal ha vi ng an
interest i n this p roposal are as follows:
~ {f\
All current and pri o r DBA'S, alia s, and/or f ictitious bus i ness names for any principal ha v ing an intere st in
th is pro~osal are as follows:
Previous contract performance history:
W as any contract terminated previously: N Q
if the ans wer to the above is "yes", provide the f ollo w ing information:
Contract/proje ct name and number: __________________ _
Date of terminati on: ________________________ _
Re aso n for termi na t ion: ______________________ _
Owne r s name: ___________________________________ __
Owner contact person and t el. no.:---------------------
IN W ITNESS WHEREOF, BIDDER executes a nf ~ubmits t h is prop9sa l with the names, titles, hands, and
sea ls of all aforementioned princi pals thi s~ day of kttv"c.h , 201~1.
BID DE R -~~~s~~ ----=.c~::.........=.::s~t:...:...."--='C..=-+-~~~--------
Subscribed and sworn to t his __ da y of ________ _, 201 _.
NO TARY PUBLI C __________________________ _
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BIDDER SHAll COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN THIS SECTION ''C. BIDDER'S PROPOSAL"
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THE FOLLOWING FORMS ARE REQUIRED TO BE COMPLETED AND SUBMITIED WITH THE BID :
1. COUNTY LOBBYIST CERT I FICATION
2. CON T RACTOR'S LIST OF PROPOSED SUBCONTRACTORS
3. WORKER'S COMPENSATION CERTIFICATION
4. NON-SEGREGATED FACILITI ES CERTIF ICATION
S. PAST PERFORMANCE CERTIFICATION
6. NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
7. NON-COLLUSION AFFIDAVIT (This form must be notarized)
8. FEDERAL LOBBYIST CERTIFICATION
9. SECTION 3 BUSINESS CERTIFICATION
10. SECTION 3 RESIDENT CERTIFICATION
11. SECTION 3 ECONOMIC OPPORTUNITY PLAN
12. N OTICE OF SECTION 3 COMMITMENT
13. PROPOSAL GUARANTEE/BID BOND
14. REQUEST FOR ADDITIONAL CLASSIFICATION AND RATE
15. SECTION 3 SUMMARY REPORT
Pa ge:C.9
BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
Documen! Control Page 22 o1 167
1. COUNTY LOBBYIST CERTIFICATION
County Lobbyist Certification
Name of Furn. ffi C6os\i ociio <\ Dare
\l@*> 2-\a:\~ S\: S~YY'U< cA g l3fz..
~ ~ (Q(}J,O
Ad cress
Te1epho1e.
Acting Ol'l beha lf of the above r amed 'irrn . as 1ts Authonzed Offi cial , I make the fo'lowing certi fi ca:1 on to
the Co~nty of I~:~\~ t o ~~Comm~mty Developmert Com'TlissJon. Coun;y of ~os Angeles end to
t'1e City of r. • ( 1 • as the local et::ntracting agency (LCAl.
11 It is u nderstood that each person, ent ty , or fi rm who appli es for a Community
Deve opment C omm iss on co ntract. end as oert of t hat process shall ce rti fy tha t they are
fa m iliar wit '1 the req ui rements of Ire Los Angeles CoLnty Code. Cheprer 2 160 (Los
.Angel es Count y Orainanco 93-0031) and.
2 ) T hat all personsfenblieslfirm s acting on behalf o f th e above n am e d fir m have and w.ll
co m pl y w ith the Count y Code. and .
3) That any person, ennt y, or firm "Nho seeks a contract w 1th l 'le Co mmun1t y Dovelopmert
CommissiOn snail be disquali fi etl therefrcm and denied the contrac: and, shall be liab le m
civi l a cti on. 1f any lobbyist. lobby1rg firm . l cbby·st em pl oyer o r any otr.er person or enhty
acti ng o n be hal' of th e name d irrn fai s to co·niJIY V"~ilh the provisions of Ire CoLnty Code
T hi s ce rt ifica ti o n i s ma te ri a r epresenta ti on of facts upon wh i ch reliance was pl aced when this t ransa ctiOn
was mace or ent er ed int o
P._thorized Official:
(11'-)
Page: C. 10
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER 'S PROPOSAL"
CONTRACTOR UST OF PROPOSED SUBCONTRACTORS
...,._ Te:r!!Q-h~ c ~IJ -su~s
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'
i
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----~3~-vV~-~~~~----------
Oate
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nv.ces 10 BE usa> -
f-h..yi r: i_r,u:J ~ Qc-v o-1</
Name and 11t1e
FS Co()shuc\--\oQ
Company Name
DOCU!llflfll C0'11ro l Page 24 of 167
3. WORKER'S COMPENSATION CERTIFICATION
WORKER'S COMPENSATION CERTIFICATION
I certify, by signature below , that I am aware of the provisions of SecUo n 3700 of the
Cali fornia Laoor Cod e which require every em ployer to be Insu red agai nst liabilit y f or
w orker's compensation or to undertake self-Insurance in accordance w ith the provisio ns of
that code, and I will comply w ith such provisions before commencing the performance of
th e w ork of this con tract.
Pa ge: C. 12
BIDDER SHAll COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN THIS SECTION uc. BIDDER'S PROPOSAl"
Docu'Tlenl Cootrol Page 25 of 167
4. N ON -SE GREGATED FACI LITIE S CE RTIFICAT I ON
NON-SEGREGATED FAC I LIT IES CERTI FICATION
fE DERA LLY -ASS IS T E D C O N ST RUCTI ON P R OJ ECTS
The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
1. Maintain or provide. for his/her employees. any segregated facilities at any of hlsl her
establish ments.
2. P ermit his/her e mployees to periorm their servi ces at any location, under his/her
control. \'/h ere segregated faci lities are ma intained.
T he federally-assisted contractor agrees that a breach of this certi fication is a violation of the Equal
Opportunity Clause in this contract. As used in this certification , the term segregated facilities means any
w aiting room. work areas. restrooms and washrooms. restaurants and other eating areas. time clocks.
locker rooms and other storage or dressing areas, parking lot s, d ri nking f oun ta ins. recreation or
entertainment areas. t ransportatio n. and housing facil ities provided for employees 'Hhich are segregated
by explicit directive or are In fact segregated on th e basis of race. creed. color. or national origin . because
of h abit, local custom. or otherwise.
T he federally-assisted contractor agrees that (except 'tvhere he/she has obtained Identical certifica tions
from proposed subcontractors for specific time pe ri ods) he/she w ill obtain identical certifications from
p ro pose d subcontractors prior to the aw ard of subcontracts exceeding $10,000 which are not exe mpt
from the provisions of the Equal Opportunit y Clause. and that he/she will retain such certJflcatlons In
Ills/her files .
NOTE : Th e penal ty for making fa lse statements In o ffe rs Is prescribed In 18 U.S.C. 1001.
Page : C. 13
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
5. PAST PERFORMA NCE CERTIFICATION
CERTIFICATION
WITH REG AR D TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND
THE FILING OF REQUIRED REPORTS
Document Control Page 26 of 167
The ~der. Dproposed sub-contractor. hereby cert ifies that he/she lffi1as . D has not. participated
in a previous contract or subcontract subject to the Equal Opportunity Clause , as required by
Executive Orde rs 10925, 11114, or 11246, and tha t he/she Dhas. ~as not. fi led with the Joint
Repo rting Committee , the Di r ector of the Office of Federal Contract Compliance. a Fed eral
Gov ernment contracting or a dmi nistering agency. or the former Preside nt's Committee on Equal
Emp loyment Opport unity. all reports due und er the applicable filing requi rements.
J \ (j)(SC\1., -\ ~
11 1--~ f4 Project Number: · (iC{SSS--\ ~
Awarding Agency: I 1 e.m o\ e c.\ ~~ \'\ \
Contractor Name : D Co('f)t<\ 'f.\-\o(\
Date: Contract Award: S. _____ _
Total Number of Employe es 1.D
Affilia te Compa ny:----..--=---------------------
By ~· (~...( (,,,6
Title: Q W ""-<-.(
NOTE: The above certification 1s requi~ by the Equal Employment Opportunity Regulations of the Secretary of Laber
( 41 CF R 60-1.7 (b )(1 ), and must be su bmitted by b1dders and proposed subcontr actors only 111 connection with contracts
and subcontmcts w hich a re subject to U1e eq~ro l opportunity clause. Contrncls and subcontracts which ore exempt from
th e equal opportunity clause are s et forth in 41 CFR 60-1 .5 (Generally only contmcts or subc:o ntracts o f S 10,000 or under
arc exempt).
Proposed prime contractors nnd subcontractors who have partiCipated in a prevrou s contract o r s ubcontract subject to
the Executrve Orders and h ave not filed the reqUired reports should note that 41 CFR 60-1 .7(b)(1) prevents the award of
contracts and sub contracts unless s uch contractor submrts a repon covering the d e tnquent period or s uch other penod
spec~fied by the U .S Department of the lntenor o r by the Director, O ffice of Federal Contract Compbance. U S.
Department o f Labor.
S F-100 (EE0-1) must be filed by;
(A) All private employers who are:
(1) Subject to Hie VII of the Crvr t Rig hts Act of 1964 (as amended) with 100 o r more employees
(2) Subject to Title VII who has fewer than 100 employees, if tho COIT'pany ts owned o r affiliated with
another company, o r there is centralized ownershtp, control or management so that the group legally
con~titutes a single ente rprise, and the entire enterprise employs a total of 10 0 or more employees
(B) All federal contra ctors (pnvate emp loye1s), who:
( 1} Are not ex empt as provtded for by 41 CFR ~0-1 .5
(2) Have 50 o r more employees, a nd
a. Are prime contractors or first-tier subcontractors, and have a contra ct, su bcontract, or purchase
order ;;~mountmg to $50,0 00 or more; o r
b. Serve as a depository o f Government funds in any amount, or
c. 1:; o financial institution , which is an issuing, and paying agen t for U.S. Saving:; Bond!; ond Notes.
Page: C. 14
BIDDER SHAll COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAl"
DocJmenl Con trol Page 27 of 167
6. NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
TO :
(Address)
Name of Business (Contractor ): \= S Cof\S~ 0( ~-, OY\
Project Name: CP IY~w'(l \>w b~ DtShiC~ Project Nu~per: lPOI SC\Io "\2> & (:DIS~S-1 3
~\)~ !:MQ(C, \)~ !:> a ""\ C::O'\(A e c I "( P...\::ft-ll-ccess I~ l i ~'{
The Undersigned currently holds a contract with 1V<\t\ ~\e . Involving
funds of the U . S. Gov ernment, or a subcontract w ith a prime co tractor holding su ch contract.
You are advised that under the provisions of the above contract or subcontract. and in accordance
with Executive O rder 11246. th e undersigned Is obligated not to discriminate against any employee
or applicant for employment because of race , color. religion. sex or n ational orig i n. This obligation
not to discrimin ate In employment Includes. but i s not li mited to the fol ow :
1. Hiring . placement. u pgrading. transfer or demoti on:
2 . Recruitment , advertising or solicitati on f or emp loyment;
3. Tre atment during employment;
4. Ra te s of pay or other forms of compensation:
5. Selection for train ing. includi ng apprenticeship; and
6. Layoff or termination.
This notlce is furnished to y ou pursu ant to the provisions o rthe abov e contract or subcontract and
Executive Order 11246. Copi es of this notice will be posted by the undersigned In conspicuous
places avai l able to employ ees or applicants for employment.
Page: C. 15
BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
Do.."\JJllent Con:rol Page 28 of 161
7 . NON-cOLLU SION AFFIDAVIT (Th is form must be n ot arize d)
"NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUB MITTED WITH BID•
§7 106. Any pubflc works contrnct of u public entity shall include an affidavit. In the following tom1:
Stille of Callfomlil )
county of L_pS A~ 0 ss.
~il.lj' c; if tm ~ r I '-I , being first du ly sworn, deposes and says that. he or she is
---~e.,~.}"'w"''r:..k'\:..::'-::..!r ____ or fS Ctn sfr.a~ c ft~ . the pony making me foregoing
bid, that the bid Is not made In t he Interest of , or on behalf of, any undisclosed pe rson, partnerst'>lp, compnny.
associa tion, organlza!lon, or corporation; that the bid Is genuine and not collusive or sham: that the bidder has not
directly or Indirectly Induced or solidted any other bidder 10 pur in a false or sh am bid, and has not directly o r
lncirectly colluded, conspired, connived, or agreed with any bidder or anyone else lo put in a sham bid, or that
anyone shall refra in from bidding; that the bidder has not in any manner, directly or indirectly. sought by agreement.
communlcation, o r con ference with anyone to nx the bid price of tne biddtr or any other bidder, or to fix a ny
overhe<Jd, profit. or cost ele ment of the bld price , or o f thm of any ol he r bidder, o r to secure any advantage against
the pubHc body awarding rhe co ntract of anyon e Interested In the proposed contract; th:Jt ::~It stntements contalnP.d
In the bid are true: and, tunher, that the bidder has not, directly or Indirectly, submilled his or her bid price or any
breakdown tlleH:of, or the contents thereof, or divulged Information or dota relative thereto, or poid, 011d will not
pay, any fee to any co rporation, partnership, company associalicn, organization , bid depository, or to any member
or agent thereof to effectuate a colfusive or sham bid. •
f,),, ... Ax\ov:-~ VM \(,~ ~~ :S:.~(t\)e.,'lh'\ts
Proj~l Nomo Fs_¢e. C.~_ I\ \)A-_ £1;~ \.II"' Pro~'' N"mboc
company: _ C __ s\n lC ._1\
Address: \L\;6~~ \2)\e.~S De_ S-\---S'f \ h~
"•"''"~ 1· 7r-P r:; bi<rj
Trt!e : r'l < .f
Date : 3 -PY-/ lf
Cf\-91311-
SWORN TO AND SUBSCRIBED TO BEFORE ME
This ___ day o f ________ , 20 __
lsi Nota ry Public: -------------
My Commission Expires:
Page: C. 16
BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
Docurren t Control Page 29 of 167
8. FEDERAL LOBBYIST CERTIFICATION
FEDERAL LOBBYIST CERTIFICATION
NameofFirm: fS (cx£h\.L~V)(\
Address \ L\S ::£) 0 \ci SD e St
State. C'~ Zip Coee: C\\?)4l_ Telephone Number: ( ~ \~ l K~-0tf-l0
Acting on beh alf of the above named firm, as tts Authorized Official , I make the following Certtfiw tion to the U.S.
Department of Housing and Urban Development end the Commumty Developmenl Commission. County of Los
Angeles
I ) No Federol appro priated fu nd s have been paid by or on behalf of the abov e named linn to a ny
person for influencing or a tte mpti ng to influence a n officer or employee o f any agency, a Member of
Cong ress, on officer or e mployee of Congress, o r a n employee of a M ember o• Congress tn
connection with the ewardmg o f any Fede ra l contract. the making of and Federal grant, loan or
coopernltve agreement, and any extens ton. conttnuatJOn , renewal. amendment. or modificatiOn
t hereof, and;
2} If any funds other than Federal a ppropriated funds have been paid o r will be paid to any person for
influencing or a tte;npnng to intluence an officer or employee or any agency. a Member of Congre ss
on officer o r employee of Congress or an e mployee of a Member of Congress i n connection .... ~th
this
F eder al co ntract, grant loan , or cooperative agreement, the above named fi rm shoJI complete and
s ul)m it Standard Form-LLL. "Disclosur e Fo rm to Report Lobbying', in accordance wtm its
in struc tions, and.
3} The above name firm shall r equ i re that tho l a ng uage of this certification be included in the a·.va td
d ocuments for a ll sub-awards at all tiers (Including s u bcontracts, sub-grants, and contracts under
g ran ts. loans. and cooperati ve agreement) and that all sub-rectpients s holl c ertify and d isclose
accordingly
This certJfico tion is a m aterial representation of fact upon which r eliance was pla ced when this tr ansaction was
made or ente re d Into. Sub m issio n of this certification ts a pre requisite tor maktn g or e ntering into the transaction
imposed by Section '1352 liUe 31 , U.S. Code. Any person who fai ls to fi le the r equired cer tificotion shall be
subject to a civ il penalty o f not less than $10,000 and not more than $100 ,000 for each such fatlu re .
Au1honzed Officia l:
\=S Co~s\<uc\,o(\ B y: --fJ+----~-+t-J--,-l~...,...--;-f ~J'Yl-' --
(T\0)
Page : C. 17
BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN THIS SECTION "C. BIDDER'S PROPOSAL"
DocurnSI1t Caltrol Page 30 o' 167
9. SECTION 3 BUSINESS CERTIFICATION
SECTION 3 BUSINESS CERTIFICATION FORM
Business Name:
Business Address :
2
Telephone Number: Con tract/Bid Amount: $, _____ _
1. llle above mentioned business firm is a Sec tion 3 business concern based on the following qualiflcatlons:
2.
0 51-percent owned by Section 3 Residents
(Submit Resident Cc rufications with this business certification form)
0 At least 30-p ercent Permanent, full-time employees are Section 3 Residents
Total Number of a I fu l._t ime employees __ , Numbt>r of Section 3 qua lified Employees __
(Su bmit the ReSident Certifica tion form(s) with thas Business Certifacation fo r m)
Tile above m entioned business finn is not a Section 3 business concern, but commits to the Section 3 goal:
~ Written Commitment (Section 3 Ec onomic Opportun ity Plan), outline Intentions to:
Hire Section 3 qual ftled resid ents at least 30-percent aggregate new hile pos i t ions, and/01
Subcontra ct 25-per cent or more of the contract amount to Section 3 qualified busiress con cerns .
THE UNDERSIG N ED DECLARES THAT TilE A OOVE I N FOR MATION 15 CO M Pl ETE A N D CORR ECT
~-a -'}~~ hvt?J G Signature~f O wne r / Pri nc ipa l Date
fS ~S>-jyvJ t~ ]7712{;
Busi n ~s Na me license Num b er
To Be Compreted by loe<~l Olni:Ja<ting Agency
Preference Ca tegory: rJTarqeted Service Area r1Youtl1buald 1 ~ther -Censu s Trac.t 'lumber:
Page : C. 18
BIDDER SHALL COMPLETE AND SUBMIT All DOCUMENTS AND PAGES IN THIS SECTION "C . BIDDER'S PROPOSAL"
13. PROPOSAL GUARANTEE/BID BOND
PROPOSAL GUARANTEE/BID BOND
'and
~~·~~»~,~4:~
Clty of Temple Crty
KNOW ALL MEN BY THESE PRESENTS that _F.:..S-'C-'-o_ns'-tr-'-u-'-cti--'·o_n _______ _
------------------------------Jas~DDER,A ND ____________ _
RLI Insuran ce Company , as SURETY, are held and firmly bound unto the City of
Temple City, in the penal sum of * dollars($ 10% ),
which Is 10 percent of the total amo unt bid by BIDDER to the City of Temple City for the above stated
project, for the pay me nt of w hich sum, BIDDER and SURETY agree to be bound, jointly and severally,
firm by these presents. * Ten Percent of The Total Amount of The Bid in
THE CONDITIONS OF THI S OBUGATION ARE SUCH that, whereas BIDDER is abo <rt to submit a bid to the
City of Temple City for the above stated project, if said bid is rejected, or if said bid is accepted and a
cont ract is awarded and entered Into by BIDDER in the manner and time specifled, then thls obligation
shall be null and v oid, otherwise it shall rema in In full force and effect in favor of the City of Temple Oty.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 3rd day of
March 2011.
BIDDER•
SURETY*
Patric ia Zenizo, Attomey-i act
*Provide BIDDER/SUR ETY name, ddre al}d telephone number and the name, title, address
and telephone number for author! epresentat ive.
Subscribed an d sworn to this __ day of ----------..J 201_.
NOTARY PUBLIC: __________________ _
Page:C.23
61DDtR SHALL COMPl l1E AND ~UBMIT All UOCUI\1lNT5 AND PAGES •N THIS StCTIOII; "C. BIDOER'S PR OPOSAL '
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
~~~~«~~
State of California
County of Los Angeles }
On March 3. 2014 before me, -=E"-'Ii""'sa""b""e""t""e'-'S~a"""l'""'a""z""'a~r.~N~o""t'=a,_,ry~=-oo-:;:-::-,-==-=-------~
Dale Horv Insert Name and f llle cllhe OlllCii
personally appeared _,_P_,a~turi~ci~awZ,_e""n!...!.i,..,z,.o,__ ____ ---.,=:;-:;-==-------------
Name(sl ot Slgner(s)
-:.a<' a..,Qcor¢¢6 <>0...,_
.;..~ ELISABETE SALAZAR~ Q ,.. ·. COMM. # 1946693 1"1
C) •• • NOTARY PUBLIC-CALifORNIA llo''
• LOS ANGELES COUNTY L ..;-v'..v ~M!\:~!s ~u~ "q20)J t
P .. oe NotaJY Seall\bi:Ne
who proved to me on the basis of satisfactory evidence to
be the person(¢) whose name($) is/Wfl subscribed to the
within instrument and acknowledged to me that
fM!shef'rJJI# executed the same in IIJtrnertf#l; authorized
capacity(illil), and that by '(#lherltf1~1 signature(¢) on the
instrument the person(¢}, or t he entity upon behalf of
which the person(~} acted, executed the instru ment.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature 2~ ~ ---------------------OPTIONAL-------------------------
Though the information below is not required by law, it may prove Valuable to persons relying on the document
and could pTlNent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:------------------------------
Documen t Date: __________________ Number of Pages:---------
S igner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:-------------
0 Individual
0 Corporate Officer-Title(s):
0 Partner -0 Limited 0 General
~ Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: ________ _
Signer Is Representing: ___ _
Signer's Name: _____________ _
0 Individual
0 Corporate Officer-Title(s): ---------
0 Partner -0 Limited 0 General
0 Attorney in Fact
O Trustee
0 Guardian or Conservator
0 Other: _________ _
Signer Is Representing: ____ _
s;;<;.~~m~~~~"WW~~
Q2007 1'GIIonal Nolafy Asaociallon • 9 350 De Solo !we.. P.O. Box 2402 •Chatswo<th, CA 91313-2.0Z• www.NationaiN04ary.OI!I ttem 15907 Reorder: Ca D Toii-Fru H!00·876-e827
POWER OF ATTORNEY
P.O. Box39671 P eori a, IL 61612-3967
Phone: (800)645-24021 Fax: (309)689-2036
RLI Insurance Company
Contractors Bonding and Insurance Company
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and
Insurance Company, required for the applicable bond.
That RLI Insurance Company, a Illinois corporation, and/or Contractors Bonding and Insurance Company, a Washington
corporation (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make,
constitute and appoint:
Patricia Zenizo, Margaret Rodriguez. Pietro Micciche, Elisabete Salazar, Margarita Lopez, jointly or severally
in the City o f Los Angeles , State of California as Attorney in Fact, with full power and authority hereby
conferred upon him/her to sign, execute, acknowledge and deliver for and o n its behalf as Surety, in general, any and all bonds,
undertakings, and recognizances in an amount not to exceed Ten Minion Dollars .
( $10,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact sha ll be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF, RLIInsurance Company and/or Contractors Bonding and Insurance Company, as appli cable, have
caused these presents to be executed by its respective vice President with its corporate seal affixed this ..l.B1h day of~ 2.Q..U.
State of TIIino is } ss
County of Peoria
On this 18th day of October 2013
before me, a Notary Public, personally appeared Roy C Die , who
being by me duly swo rn , acknow Ledged that be signed the above Power of
Attorney as the aforesaid office r of the RLI lnsurance Company and/or
Contractors Bonding and Insurance Company, and acknowLedged said
instrument to be the voluntary act and deed of said corporation.
Jacqu
"'FFICIAL SEAL"
JACQU EUNE M. 80CKL£R
COMIIISSION EXPIRE& 03/1Q/14
Notary Public
RLI Insurance Company
Contractors Bonding and Insurance Company
Roy C. Die Vice President
CERTIFICATE
1, the undersigned officer of RLI Insurance Company, a stoc k
corporation of the State of Illinois, and/o r Contractors Bonding and
Insurance Company, a Washington corporation, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furtherm ore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, [ have here unto set my band and the seal of the RLI
Insurance Com_pany and/or Contractors Boz~jf and Insurance
Co mpany this ::Srd day of March , .
RLI Insurance Company
Contractors Bonding and Insurance Company
Vice President
G«95531n02t2 A0059913
ATTACHMENT B
ATIACHMENT B-TEMPLE CITY CONTRACT TO BE EXECUTED
Page: A PPEN D IX A .O
CITY OF TEMPLE CITY
PUBLIC WORK S CONTRACT
Downtown Parking District lots, ADA Improvements
CDBG Federal Funded Project, Project No. 601596-13, HUD Code:03G
and
Temple City Boulevard ADA Accessibility Improvements
CDBG Federa l Funded Project, Project No. 601595-13, HUD Code: 03l
Bid No. P14-14 & P14-15
City Contract No.:, _______ _
THIS AGREEMENT "Agreeme nt" is made and entered into this day of :. by and between
the CITY OF TEMPLE CI TY, a Municipal Corporation located in the County of Los Angeles, State of
Cal ifornia hereinafte r called CITY, and FS CONSTRUCTION, a corporation, located at 14838 Bledsoe St.,
Sy lmar, CA 91342 hereinafter called CONTRACTOR, co llectively re f erred to as the Parties.
RECITALS
CITY, by its Notice Inv iting Bid s, duly advertised for written bids to be subm itted on or be fore March 4,
2014, 11:00 AM, for the foll owing:
DOWNTOWN PARK IN G LOTS ADA IMPROVEMENTS AND
TE MPLE CITY BLVD ADA ACCESSIBILITY IMPROVEMENTS
in t he City of Temple City, California, hereinafter called PROJECT.
At 11:15 AM on sai d date, i n the Temple City Council Chambers, said bids were duly opened.
At its regul ar meeting h eld o n April 1, 2014 , the CITY Council duly accepted the bid of CONTRACTOR for
sa id PROJECT as being the lowest reasonab le bid received and directed that a written contract be
entered into with CONTRACTOR.
NOW, THEREFORE, in consideration of the promises and of the mutual cove nants and agreements
h erein contained, sai d parties do hereby agree as f ollows:
ARTICLE I
The CONTRACT DOC UM ENTS for the PRO JECT shall consist of:
Page: APPENDI X A.l
" d o c u m e n t t i t l e d :
C O N T R A C T D O C U M E N T S P L A N S A N D S P E C I F I C A T I O N S
f o r
D o w n t o w n P a r k i n g D i s t r i c t l o t s , A D A I m p r o v e m e n t s
C D B G F e d e r a l F u n d e d P r o j e c t , P r o j e c t N o . 6 0 1 5 9 6 - 1 3 , H U D C o d e : 0 3 G
a n d
T e m p l e C i t y B o u l e v a r d A D A A c c e s s i b i l i t y I m p r o v e m e n t s
C D B G F e d e r a l F u n d e d P r o j e c t , P r o j e c t N o . 6 0 1 5 9 5 - 1 3 , H U D C o d e : 0 3 l
B i d N o . P 1 4 - 1 4 & P 1 4 - 1 5
C i t y o f T e m p l e C i t y
T h e a b o v e e n t i t l e d o c u m e n t i n c l u d e s :
N O T I C E I N V I T I N G S E A L E D B I D S
I N S T R U C T I O N S T O B I D D E R S
B I D D E R ' S P R O P O S A L
S P E C I F I C A T I O N S
A P P E N D I C E S :
A P P E N D I X A - S A M P L E C O N T R A C T T O B E E X E C U T E D
A P P E N D I X B - F E D E R A L R E Q U I R E M E N T S
B - 1 F E D E R A L L A B O R S T A N D A R D P R O V I S I O N S
B - 2 C O N T R A C T I N G W I T H S M A L L B U S I N E S S , M I N O R I T Y F I R M S , W O M E N ' S B U S I N E S S
E N T E R P R I S E , L A B O R S U R P L U S A R E A F I R M S
B - 3 P U B L I C W O R K S P A Y R O L L R E P O R T F O R M A T
P a y r o l l r e p o r t s s h a l l b e s u b m i t t e d b y c o n t r a c t o r o n t h i s f o r m a n d i n t h i s f o r m a t .
B - 4 S T A T E M E N T O F C O M P L I A N C E
T o b e a t t a c h e d t o w e e k l y p a y r o l l r e p o r t s .
B - 5 F R I N G E B E N E F I T S T A T E M E N T F O R M A T
F r i n g e B e n e f i t S t a t e m e n t r e p o r t s s h a l l b e s u b m i t t e d b y c o n t r a c t o r o n t h i s f o r m a n d
i n t h i s f o r m a t .
B - 6 C O M P L I A N C E W I T H C L E A N A I R A N D W A T E R A C T S
A p p l i c a b l e t o f e d e r a l l y a s s i s t e d c o n s t r u c t i o n c o n t r a c t s a n d r e l a t e d s u b c o n t r a c t s
e x c e e d i n g $ 1 0 0 , 0 0 0 . T h i s C o n t r a c t i s o v e r $ 1 0 0 , 0 0 0 .
B - 7 S E C T I O N 3 C L A U S E
A p p l i c a b l e t o f e d e r a l l y a s s i s t e d c o n s t r u c t i o n c o n t r a c t s a n d r e l a t e d s u b c o n t r a c t s
e x c e e d i n g $ 1 0 0 , 0 0 0 . T h i s C o n t r a c t i s o v e r $ 1 0 0 , 0 0 0 .
B - 8 A P P L I C A B L E F E D E R A L W A G E O E C I S I O N
C u r r e n t W a g e D e c i s i o n i s p r o v i d e d a t t h e t i m e o f t h e b i d a d v e r t i s e m e n t . B i d d e r s s h a l l
d o w n l o a d u p d a t e d W a g e D e c i s i o n 1 0 d a y s p r i o r t o B i d O p e n i n g , w h i c h w i l l b e
a p p l i c a b l e t o t h e c o n t r a c t . W a g e D e c i s i o n c a n b e d o w n l o a d e d f r o m
h t t p : / / w w w . w d o l . g o v / d b a . a s p x . O n t h e w e b s i t e , s e l e c t t h e f o l l o w i n g : S t a t e :
C A L I F O R N I A , C o u n t y : L O S A N G E L E S , C o n s t r u c t i o n T y p e : H I G H W A Y .
A P P E N D I X C - P R O J E C T L O C A T I O N S A N D P L A N S
" C O N T R A C T O R ' s P r o p o s a l
" a n d a l l r e f e r e n c e d s p e c i f i c a t i o n s , d e t a i l s , s t a n d a r d d r a w i n g s , a n d a p p e n d i c e s , t o g e t h e r w i t h t h i s
c o n t r a c t a n d a l l r e q u i r e d b o n d s , i n s u r a n c e c e r t i f i c a t e s , p e r m i t s , n o t i c e s a n d a f f i d a v i t s , a n d a l s o
i n c l u d i n g a n y a n d a l l a d d e n d a o r s u p p l e m e n t a l a g r e e m e n t s c l a r i f y i n g , a m e n d i n g , o r e x t e n d i n g t h e
w o r k c o n t e m p l a t e d a s m a y b e r e q u i r e d t o i n s u r e i t s c o m p l e t i o n i n a n a c c e p t a b l e m a n n e r .
P a g e : A P P E N D I X A . 2
All of t he rights and ob ligations of the CITY and CON TRACTOR are fully set forth and described in the
CONTRACT DOCUME NTS.
All o f the above-me nt io ned documents are i ntended to complement the other documents so that any
wo rk called for in one, and not mentioned i n t he others, or vice versa, is to be executed the same as if
mentioned in all of sa id documents. The document comprising the complete contr act are hereinafter
refer red to as the CO NT RACT DOCUMEN TS and are incorporated herein by this reference and made and
part hereof as though they were fully set fo rth he r ein.
ARTICLE II
For and in consi d e ratio n of the payme nts and agreements be made and pe r for med by CITY,
CONTRACTOR hereby ag r ees to furnish al l mat erials and perform all work required f or t he PROJECT and
to f ulf ill all other obliga tions as set forth in t he CO NTRACT DOCUMENTS.
ARTICLE Ill
CO NTRACTOR hereby agrees to receive and accept the total amo unt Two Hundred Tho u sand Dol lars
($200,000.00), base d upo n those certain u nit prices set forth in CONTRACTOR's Bi d Sc hedule, a copy of
wh ich is attached hereto as Exhibit "A" and by this reference incorporated herein and made a part
hereof , as full compensation for furnishing all m ateria ls, performing all wor k, and fulfi lling all obligations
her eu nder.
Sa id compensatio n shall cove r all expenses, losses, damages, and consequences arising out of the nature
o f the wo r k during it s p rogress or prior to its acceptance incl udi n g t hose for we ll and fait hfully
com p leting the work and the whole t hereof i n the manner and t i me specified in t he CONTRACT
DOCUMEN TS, and also i ncl uding those ar is i ng from actions of t he elements, unforeseen difficulties or
o bstr uctions encount ere d in the prosec utio n of the work, suspension or discontinuance of the work, and
al l other unknowns o r ri sks of any description connected with the work.
Th e sum identified in Article Il l is not subj ec t to escalation, the CONTRACTO R having satisfied himself
w it h said CONTRACT p ri ce, which includes all labor and materia l increases antici pa t ed throughout the
d u ration of this CONSTRUCTION CON TRACT.
CITY shall retain five percent (5%) of said CONT RACT price until sa id time as the provi sio ns of Article XIV
herein have been met.
CITY's obligation is pa yable only and sole ly from Community Development Block Grant (CDBG) funds
appropriated from t he Unit ed States Department of Hous i ng and Urba n Development (H UD) and fo r the
purpose of this CONT RACT. All funds are appro priated every fisca l year beginning Ju ly 1. In the event
this CONTRACT ext en ds i nto the succeeding fi sca l year and fu nds have not been appropriated, th is
CONTRACT will automatical ly te rm i nate as of Ju ne 30 of the current fiscal year. The CITY will notify the
CONTRACTOR in writing in ten (10) days of rece i pt of the non-appropriation notice.
ARTICL E IV
Page: APPENDI X A.3
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the
materials, do the work, and fulfill the obl igations according to the terms and conditions herein
contained and referred to, for the said amounts set forth in Article Ill hereof, and hereby agrees to pay
t h e same at the time, in the m anner, and upon th e conditions set forth in the CONTRACT DOCUMENTS .
In addition, CONTRAC TOR h ereby promises and ag rees to comply w ith all of the provisions of both State
and Federal law wit h respect to the employment of unauthorized aliens.
Should CONTRACTOR so employ suc h unauthorized aliens for the performance of work and/or se rvices
covered by this contract, and should the Federal Government impose sanctions aga inst the CITY for such
use of unauthorized al iens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all
such sanction s imposed, together with any and all costs, includi ng attorney's fees, incurred by the CITY
i n connection t herewith.
Furthermor e, CONTRACTOR hereby represents and warrants that it is not cu rrently, and has not at any
t i me within the past five (5) calendar years been , suspended, debarred, or exclude d from participating
in, bidding on, contracting for, or completed any project funded in whole o r in part by any federally
funded program, grant o r loan, or any proje ct funded in w hole or in part by a program, loan or grant
from the State of Califo rn ia, and that CONTRACTOR currently has and for the past five (5) calendar years
has maintained i n good stand ing, a va l id Ca liforn ia contractor's license. CO NTRACTOR ag rees to
complete an d execute any stateme nt or certificate to this effect as may be requ i red by t he City or by any
f ederal or State of Ca l ifornia program, loan o r gr ant utilized on th is PROJECT .
ARTICLE V
CONTRACTOR sha ll co mmence work on the date spec ifi ed in the Notice to Pro ceed to be iss ued to sa id
CONTRACTOR by t he Director of Public Works of CITY and shall complete work on the PROJECT within
forty (40) working days after commencement.
ARTICLE VI
CONTRACTOR sha ll not discriminate i n its recruiting, hiring, promotion, demotio n or termination
practices on th e ba sis of race, re ligious cree d, color, national origin, ance stry, physica l disability, mental
disab ility, medica l condition, marital sta tus, sex, age, or sexual orientation in the performance of this
AGREEMENT and sha ll comply with the provisions of the Cali f ornia Fair Employment and Housing Act as
set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federa l Civil Rights Act
of 1964, as set forth i n Public Law 88-352, and all amendments thereto; Executive Order 11246; and all
administrative rules and regu lations issued pursuant to such acts and o rd er.
CONTRACTOR he r eby promises and agrees to comply with all of the prov1s1o ns of the Fede r al
Immigratio n and Natio nality Act (8 USCA 1101, et seq.). as amen ded; and, in connection therewith, shall
not employ unauthorized ali ens as defined therein. Should CONTRACTOR so employ such unauthorized
alien s for the perfo rmance of work and/or services covered by this AGREEMENT, and should th e Federal
Government impose sanctions against the CITY for suc h use of unauthorized al iens, CONTRACTOR
Page: APPEND IX A.4
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, inc urred by the CITY in con nect ion therewith.
ARTICLE VII
CONTRACTOR is awa re of and agrees to ab ide by the provis ions of Californ ia Labor Code Sections 1720,
et seq., as well as 1771, 1773, 1773.1, 1773.6, 1773.7, 1775 and 1776, p ertaining to the obligation to pay
pr evailing wages with resp ect to the performance of work. Copies of the prevail ing rate of per di em
w ages and the ge neral prevail ing rate for hol iday an d overtime work for eac h cr aft ar e available u pon
requ est from the City. A copy of the prevail ing r at e of per diem wages shal l be post ed at the job site. If
such posting is not p oss i ble, a copy sha ll be posted at the business of the CONTRACTOR.
This is a federally-ass ist ed CON ST RUCTION CONTRACT. Federa l Labor Standards Provisions, includ ing
preva ili ng wage requiremen ts of the Davis-Ba co n and Rela ted Acts will be enforced. In t he even t of a
conflict between Federal and State wages r ates, the h igher of the two will prevail.
Th e CONTRACTOR 's duty to pay State prevaili ng wages ca n be found under Labor Code Sect ion 1770 et
se q. an d Labor Code Sections 1775 and 1777.7 outline the pena lties for failure to pay prevai l ing wages
and employ app rentices includin g forfeitures an d d ebarment.
ARTICLE VIII
A. CON TR ACTOR shall, wit ho ut di stu r bing the conditio n, notify CITY in writ ing as soo n as
CONTRACTO R, or any o f CONTRACTOR 's subcontracto rs, agents or employees have kn owledge
an d reporting is p ossible, of the di scove ry of any of t he following conditio ns:
1. The presence of any material that the CONTRACTOR believes is hazardous was t e, as
defined i n Section 25117 of t he Hea lth an d Safety Code;
2. Subsu rface or late nt physical conditions at th e si t e differing from those indicated in the
specifications; or,
3. Unknown ph ysical co nditions at the site of any unusua l nature, differe nt m aterially from
t hose ordi nari ly enco untered and ge nera lly recognized as inherent in work of this
character pr ovi ded 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 hazardo us waste o r physica l conditions
from ca u si ng bodi ly i njury to any pe r so n.
C. CITY shall promptly investigate the repo rte d condi t ions. If CITY, through it s Director of Public
Works, o r her designee, an d in the exercise of it s sole discretion, determines that the con ditions
do materially differ, or do involve hazardous waste, an d will cause a decrease or increase in the
CONTRACTOR's cost of, or time re quired for, performance of any part of the work, then CITY
shall issue a change order.
Page: APPE NDIX A .S
D. In the even t of a d i spute between CITY and CONTRACTOR as to whethe r the cond itions
materia lly differ, or involve hazardous waste, or cause a decrease or increase in the
CONTRACTOR's cost of, or t ime 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 Co ntract. CONTRACTOR shall retain any and all rights which
pertain to the r esolution of d isputes 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, o fficers, agents and employees, from all claims, loss, damage, injury and liability of
every kind, nature and de sc ription, directly or indirectly ari sing form the performance of the
CONTRACTOR's wo rk , rega r dless of respons i bi lity of negligence; and from any an d all claims, loss,
d amage, injury an d lia bi l ity, howsoever t he sa m e may be cau se d, res ult i ng d irect ly or in d irectly from the
nature of the work cove r ed by the co ntract, regardless of responsibility of negl igence; provide d
(a) That CITY does not, and sha ll not, waive any rights against CONTRACTOR which
it may have by rea so n for the aforesaid hold-harmless AGREEMENT because of
the accept ance by CITY o r t he deposit with CITY by CONTRACTOR, of any of the
insu r ance policies hereinafte r described in this AGREEMENT.
(b) That t he afor esaid hold-h arm less AGREEMENT by CON TRACTOR shal l apply to
all da m ages and claims for damages of every kind suffered, or alleged to have
been su f fered, by reason of any of the aforesaid operations of CON TRACTOR , or
any subcontractor, regard less of whether or not such insurance policies shall
have been det e rmined to be applicable to any of suc h dam ages or claim s f or
damages.
ARTICLE X
CONTRACTOR, before co m mencing said PROJECT, shall furnish and file with CITY a bond, or bonds, i n a
form sa tisfactory to the CITY, in the sum of one hundred pe rc ent (100%) of the CONTRACT price thereof
conditioned upon t he fait hfu l performance o f th is contract and upon the payment of all labor and
materials furnished in co nnection with this co ntract.
ARTICL E XI
CONTRACTOR shall not commence work unde r t his contract until CONTRACTOR shall have obtained all
insurance required by the CONTRACT DOC UME NT S and such insu r ance shall have been approved by
CITY as to form, amoun t and carrier, nor sha ll CONTRACTOR allow any subcontractor to commence work
on any subco ntract until all simi lar insurance required of the subcontractor sha ll have be en so obtained
and approved.
(a) COM PENSATION INSURANCE -CONTRACTOR sha ll t ake out and maintain, during
the life of this contr act, Worker's Compensation In surance for all of
Page: A PPE N DIX A.G
CONTRACTOR's employees e mploye d at the si te of improvement; and, if any
work is sublet, CONTRACTOR shall requ ire the subcontractor si milarly to provide
Worker's Compensation Insu ran ce for all of th e latter's employees, un l ess such
employees are covered by t he protection afford ed by CONTRACTOR. If any
cla ss o f em ployee s engage d i n work under this contract at the site of the
PROJ ECT is not protec ted under any Workers' Compensa tion law, CONTRACTOR
sha ll p rovide and sha ll cause each subco ntractor to provide adequate i nsurance
for the protec ti o n of employees not o t herwise protected . CO NT RACTOR sha ll
in demnify CITY for any damage r es ulting to it from failu re of either
CO NTR ACTOR or any subcontract or to take o ut or maintain such i nsu r ance.
(b) COM PREH ENSI VE GENERA L LI ABI LI TY, PRODUCTS/ COMPLETED OPERATIONS
HAZA RD, COMPREHENS IVE AUTOMOB ILE LI ABI LI TY AND CONTRACTUAL
GENERAL LIABILITY INSURANCE. CONTRACTOR shall take out and maintain
during the life of this contract such comprehensive ge n era l l iability,
products/completed ope ration s hazard, comprehensive automobile lia bility and
contractu al general liability insurance as sh all protect CITY, its elective and
appoi nt ive boards, officers, agents and employees, CONTRACTOR, and any
subcontractor performing work cove red by t his contract, f rom claims for
damage for perso nal inju ry, in cl uding death, as well as from claims for property
damage which may arise from CONTRACTOR's or any su bcont ractor's
ope ratio ns under this contr ac t , wh et h er such ope rations b e by CONTRACTOR or
by any subcontra ctor, or by anyone direc tly o r indirectly employed by either
CO NTR ACTOR o r any subcont ractor, and the amounts of such insurance shal l be
as fo llows:
(1) Public Li ability Ins urance in an amount of not less than ONE MILLION
DOLLARS ($1,000,000);
(2) Products/Compl ete d Op e rations Ha zar d Insu r ance in an amount of not
l ess than ONE MILLIO N DOLLAR S ($1,000,000);
(3) Comprehensive Automobile Liability Insurance in an amou nt of not less
than ONE MILLION DOLLARS ($1,000,000);
(4) Contractu al Genera l Liability Insurance in an amount of not less than
ONE MIL LI ON DOLLA RS ($1 ,000,000).
A co m b i ned si ngle l imit pol icy with agg rega t e limits in an amount of not less
than TWO MILLION DOLLARS ($2 ,000,000) shall be co nsi dere d equ ivale nt to the
sai d r equi r ed minimum lim it s set f orth her einabove.
(c) PROO F OF INSURANCE -The insurance required by this AGREEME NT shall be
with insu re r s which a re Best A rated, an d California Admitted o r better. The
CITY of Temple City shall be nam ed as "a dd itional ins ure d " on all policies
required hereund er, and CO NTRACT OR shall furni sh CITY, concu rrently with the
execut ion her eof, with sat isfactory proof of ca rriage of th e insurance required,
an d adequate lega l assura nce that eac h carrier wi ll give CITY at leas t thirty (30)
Page: AP PENDIX A . 7
days' prior notice of the cance llation of any policy during the effective period of
the co ntract.
(d) NOTIC E TO COMMENCE WO RK -The CITY wi ll not issue any notice autho r izing
CO NTRA CTOR o r any su bcontractor to commence work under t his co ntact until
CONT RA CTO R has provided to t he CITY the proof of insurance as required by
su bp ara grap h (c) of this article.
ARTICLE XII
If any dispute shall a ri se concerning this AGREEMENT, the prevailin g party sha ll be entitled to attorney
fees.
ARTICLE XIII
Th e parties agree th at it would be imp rac tica l and extremely difficult to fix the actu al damages to the
CITY in t he event the PROJECT is not comme nced and/or completed on or before the dates specified for
commencement and completion of the PROJECT in the CONT RACT DOC UME NTS. Th e parties have
co nsider ed the facts of a breach of this co ntract and have agree d t hat the liquid ated damages sum
hereinafter se t forth is re asonable as liquidat ed damages in the eve nt of a breach, an d that said sum
sha ll be presumed to be the amount of the da mages sustained by the CITY in the event such work is not
begun and/or comp let ed and accepted by the t i mes so specifie d in the CONTRACT DOCUMENTS, the
su m of Two Thou sand Three Hundred Dol lars ($2,300) shal l be presu m ed to be the amount of damages
suffered by the CI TY for each day's delay in t h e starting and/o r completion and acceptance of sa id
PROJECT after the dates specified in t he CONTRACT DOCUMENTS for the sta rt and/or completion
thereof, and CONTRACTOR hereby agrees to pay said sum of Two Thousand Thre e Hundred Dollars
($2,300) as li quidated dam ages for eac h day of delay in the sta rting and/or completi ng an d acceptance
o f sa id PROJECT beyond the dates specifie d in t he CONTRACT DOC UMEN TS. Any and all such liq uidated
damages assessed shall be done so in accordance with that certain edition of the Standard Specification
for Public Works Cons truction currently in eff ect o n the exec ution date of this CONTRACT.
CO NTRACTOR NAME
FS CONSTRUCTION
by ____________________ __
Pr esi dent
by ____________________ __
Secretary
CITY O F TEMP LE CITY, a corporation
by ____________________ _
Mayor
by ______________________ _
City Clerk
Page: APPENDIX A .8
ARTICLE XIV
Upon completion of PROJECT and acceptance of same by the CITY Council , the CITY Manager sha ll have
cause to be recorded a Notice of Completion w ith the office of the Los Ange les County Recorder; and,
after thirty-five (35 ) days from the date sai d Not ice of Completion is recorded, the Director of Finance of
CITY sha ll release the funds retained purs uant to Article Il l hereof; provided t here have been no
m echanics' l iens o r stop notices filed aga in st said work which have not been pa id, withd rawn or
eli minated as liens aga i nst said work.
ARTICLE XV
This contract shall not be assignable, ei ther in who le or in pa rt, by the CONTRACTOR without first
obtaining the written co n sent of the CITY ther eto.
ARTICLE XVI
The provisions of this AGREEMENT are cumulative and in addition to and not in limitation of any rights
or remedi es availab le to CITY .
ARTICLE XVII
The provisions o f this Ar ticle XVII are required by Federa l Law and the Community Development Block
Grant (CDBG) progra m . The requirements and obligations for the CONTRACTOR found in these
provisions are to be construed and interpreted as being in addition to the requirements and obligations
found in the rema ind er of the CONTRACT. In any interpretation or construction of this CONTRACT
dealing with the requ irements and obligations of the CONTRACTOR or any compliance w ith lega l
requ irements imposed on the PROJECT, the more restrictive of these provisions an d the provisions in
the remainder of the CONTRACT will contro l.
This PROJECT is funded by Community Deve lopment Block Grant (CDBG) funds appropri ated from the
United States Department of Housing an d Urban Development (H UD ) and for the purpose of this
CONTRACT. The funds are appropriated by the Los Ange les County Community Development
Commi ss ion.
The following ar e additional CONTRACT prov1s1ons for compliance with the f u nding program
r equirement s. In the event of conflict of this sectio n with othe r sections of the CONTRACT, the more
stringent section sha ll preva il:
Breach and Te rmi nation
Waiver by the CITY of any breach of this CO NSTRUCTION CONTRACT shall not constitute a waiver of any
other breach or of any futu re breach. No payment made hereunder shall be co nstrued 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
Page: APPENDIX A .9
CONTRACT or perform ance under this CONSTRUCTION CON TRACT, if the CONTRACTOR is adjudged
bankrupt, a receive r is ap pointed because of t he CON TRACTOR's i nso lvency, or the CONTRACTOR makes
a general assig nme nt for the benefit o f its creditors, fa i ls to make pr ompt payment to
SUBCONTRACTOR(s), or fo r material or labo r, pe rsiste ntly disrega rds laws, ordinances, ru les, regulations
or orders of any pu b lic authority havin g jurisdiction, fails to construct the PROJECT in accordance with
the Drawings and Specifications, or otherwise substantially violates any provisio n of t he CONTRACT
DOCUMENTS.
CITY shall give the CO NTRACTOR and his suret y written notice prior to t e rminating this CONS TRUCTI ON
CONTRACT or perfo r mance u nder this CONSTRUCTION CONTRACT, provided that t he CONTRACTOR
shall, upon receipt of such not ice, immed iately stop the i nstallation of improvem ents, or other
permanent constr uction work encompassing pa r t of the PROJECT. Upon termination, the CITY may take
possession of the PROJECT and all materials, equipment, t ools, and const ruction equipment and
mach inery owned by t he CONTRACTOR and located at the PROJECT site, and may finish the PROJECT by
whatever method it m ay deem exped ient. In such case, the CO NTRACTOR shall not be entitled t o
receive any further pay m ent under this CONSTR UCTION CONTRACT.
CITY shall not be deemed to have waived any o f its other rights or remedies against the CONTRACTOR by
exercisi ng its right of te rmin ation under this Article.
Th is CONTRACT may be terminated by the CITY upon written notice to the CONT RACTOR for cause
(failure to perform sa tisf actorily any of the CONTRACT terms, conditions, and work items) with no
liabilities incurred by t h e CITY upon termination or upon the occurrence of any of the following eve nts:
a. Continuing failure o f t he CONTRACTOR t o pe rform any work required to be perfo r med he reunder in
a timely and good workmanlike manner, or CONTRACTOR is not properly carryi ng out the provisio ns
of the CONTRACT in their true intent and meaning, then in such case, notice thereof in writi ng will
be served upon t he CONTRACTOR; and sh ou ld the CONTRACTOR neglect or refuse to provide a
means for a satisfactory compliance with this CONTRACT and with the direction of th e Authority
within the time spec ified in such notices, the CITY shal l have t he power to sus pend 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 sha ll cons t itute a material b r each of CONTRACT upon which the CITY may immediately
terminate this CO NTRACT.
c. Should the CONTRACTOR fail within five (5) days to perform in a satisf actory manner, in accordan ce
with the provisions of t h is CONTRACT, o r if the work to be done under said CONTRACT is abandoned
f or more than three {3) days by the CON TRACTOR, then not ice of deficiency thereof in writing w i ll
be served upon t he CO NTRACTOR . Sho u ld the CONTRACTOR f ail to comply with the terms of sai d
CONTRACT within five (5) days, upon receipt of said written notice of deficiency, the Executive
Director of the CITY shall have t h e power to suspend or terminate the operations of th e
CONTRACTOR in whole or in part.
d. I n the event that a petition of bankruptcy shall be filed by or against the CONTRACTOR.
If, through any cause, the CONTRACTOR shall f ai l to fulfill, i n a timely an d proper manner, the
obligations un der th is CONTRACT, or if the CONTRACTOR shall violate any of the covenants,
Page: A PPEN DIX A .lO
AGREEMENTs, or sti pulations 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
fi nished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and
reports prepared by the CONTRACTOR under thi s CONTRACT sha ll, at the option of the CITY become its
property and the CON T RACTOR shall be entitled to receive just and equitable co mpensation for any
work satisfactorily completed.
Termination for Improper Consideration: T he CITY may, by written notice to CONTRACTOR, immediately
terminate the right of CONTRACTOR, to proceed und er this CONST RUCTION CONTRACT if it is found that
con sideration, in any form, was offered or given by CONTRACTOR, either directly or through an
i nterm ediary, to any officer, employee or agent of the CITY with the intent of securing the CONTRACT or
secu ri ng favorable treatment with respect to the award, amend ment or extension of th e CONTRACT or
the making of any determina tions with respect to the CONTRACTOR's perfo rm ance pursuant to the
CONTRACT. In the event of such termination, th e CITY sha ll be entitled to pursue the same remedies
against CONTRACTOR as it could pursue in the event of default by the CONTRACTOR.
CONTRACTOR shall immedia t ely report any attempt by any officer or employee of the CITY to so licit
such improper consideration. The Report shall be made to the Executive Director of the CITY or the
County Auditor-Controll er's Employee Fraud Hotline 800/544-6861.
Among other ite m s, such improper consi deration may take the form of cash, discounts, se rvice, the
provision of travel or entertainment, or t angible gifts.
Te rm ination for Convenience: The CITY reserves the right to cance l this CONTRACT for any reason at all
upon thirty (30) days prior written notice t o CONTRACTOR. In the event of such term ination,
CONTRACTOR shall be entitled to a prorated portion paid for all sa tisfactory work unless such
term ination is made for cause , in which event, compensatio n if any, sha ll be adjusted in such
termination.
Quality Assurance Plan
The CITY will evaluate CONTRACTOR's performance under this CONTRACT on not less than a quarterly
ba sis. Such evaluation will include assessi ng CONTRACTOR's compliance with all CONTRACT terms and
performance sta ndards. CONTRACTOR deficiencies which the CITY determines are seve re or continuing
and that may place performance of the CON TR ACT i n jeopardy if not corrected wi ll be reported to the
CITY Counci l. The report will include improvement/co rrective action measures take n by the CITY and the
CONTRACTOR. If improvement does not occur consistent with the corrective action mea sures, the CITY
may terminate this CONTRACT or seek othe r remedies as specified in this CONTRACT.
Compliance with Laws
Th e CONTRACTOR ag rees to be bound by app licable fede r al, state and loca l laws, regulations, and
directives as they pertain to the performance of this AGREEMENT. This AGREEMEN T i s subject to and
incorporates the terms of the Hous ing and Community Development Act of 1974, as amended by the
Cranston-Gonzalez Nation al Affordable Hou si ng Act, 1990, an d the 24 CFR Part 85. If the compensation
under this AGREEMEN T is in excess of $100,000 then CONTRACTOR shall comply with applicable
standards, orders, or requirem ents issue d under sec tion 306 of the Clean Air Act (42 U.S.C. 18579h)),
Page: APPENDIX A.ll
section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and En v ironmental
Protection Agency Regul ations (40 CFR part 15).
Th e CONTRACTOR must obtain and present all relevant sta te and local insurance, tra in ing and licensi ng
pursuant to services required within this AGREEMENT.
CONTRACTOR shall comply with the foll owing la ws:
Civil Rights Act of 1964, Title VI (Non -disc rimination in Federally Assisted Programs)
Title VI provides that no person shall, on the grounds of race, color, or national origin, be excluded from
p articipation in, be denied the benefits of, or be subjected to disc rimination under any program or
activity rece iving Federal financial assistance.
Section 109 of the Hou sing and Community Dev elopment Act of 1974
No person in the United States sha ll on the ground of race, color, or nationa l 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 t itle.
Age Di scrim ination Act of 1975 and Section 504 of the Rehabilitation Act of 1973
No person in the United Sta t es shall be excluded from participati ng in, be denied the benefits of, or be
subjected to disc rimination und er t his CON TR ACT on the ba sis of age or with re spect to an otherwise
qualified handicapped ind ividual.
Executive Order 11246 and 11375, Equal Opportunity in Employment (Nondiscrim ination in Employment
by Government CO NTRACTO Rs, SUBCON TRACTORs, and CON TRACTORs)
Durin g the performance of this CONTRACT, the CONTRACTOR will not discrim inate against any
employee or applicant for employment because of ra ce, colo r, religion, sex or nationa l origin.
The CONTRACTOR wi ll t ake affirmative action to ensure that applicants are employed, and that
employees are treated fairly during emp loyment, without regard to their race, color, relig ion, sex or
national origin. Suc h action shall include, but not be limited to the following: employment, upgrading,
demotion or transfer; recruitment or recru itment advertising; layoff or termination/rates of pay or other
forms of compensa tion; and se lection for training, including apprenticeship. The CO NTR ACTOR agrees t o
post in conspicuous places, availab le to em ployees and app licants for employment, notices to be
provided by the contracting officer se tting forth the provisions of t his nondiscriminat ion clause. The
CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the
CONTRACTOR, sta te that all qualified applicants will r eceive co nsideration for employment without
regard to r ace, colo r, rel igion, sex or national origin.
The CONTRACTO R w ill send to eac h labor union or representative of workers with which he has a
collective bargaining AGREEM ENT or othe r CONTRACT or understanding, a notice to be provided to the
agency con tracting officer, advis ing 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
Page: APPENDIX A.12
CONTRACTOR will comply with all provisio ns of Executive Orde r No . 11246 of Septem b er 24, 1965, and
of the rules, regulation and relevant o r ders of the Sec retary of Labor.
Th e CONTRACTOR w ill furn is h all information and reports required by the Executive Order No. 11246 of
Sep t ember 24, 1965, and by the rule s, regulations an d orders of th e Secretary of Labor, or pursuant
thereto, will permit acces s to his books, re co rd s, and accounts by the contr acti ng agency and the
Se cretary of Labor for purposes o f i nvestigation to ascertain comp li ance wit h such rul es, regulations,
and ord er s.
In the event of the CONTRACTOR's noncompliance with the non disc rim ination clauses of the CONTRACT
or with any of suc h rules, regu lations or ord er s, this CONT RACT may be cance led, terminated o r
suspended in whole or in part and the CON TRA CTOR may be declared ineligible for further Government
CONTRA CTs in acco rdance wi th procedu res authorized in the Executive Order and suc h other sanc tions
may be imposed an d remed ies invo ked as provided in the Exec utive Ord er o r by rule, regulat io n, or
order of the Sec retary of Labor, or as otherwise provided by law.
The CONTRACTOR w ill include t he provisions of these paragraphs in every su b CONTRACT or purchase
o r der unless exempt ed by rule s, regulations, or orders of the Secretary of Labor issued pursuant to
Sect ion 204 of the Executive Order No . 11246 of September 24, 1965, so that such provisions will be
binding upon each SUBCONTRACTOR o r ve nd o r . The CONTRACT OR w ill take suc h action with respect to
any SUBCONTRACT o r purchase order as the CONTRACTing age ncy m ay direct as a means of enforcing
such provisions including sanctio ns for noncompl iance; provided however, that in t he eve nt the
CONTRACTOR becomes involved in, o r is threa tened with li tiga tio n w ith a SUBCON TRACTOR or vendo r
as result of suc h di r ection by the contracting agency, the CONTRACTOR m ay request the United States
to enter into such litigation to protect the interests of the Uni t ed States .
Section 3 of the Ho using and Community Deve lopment Act of 1968, as Amended
Th e CONTRACTOR is r equired to make effort s t o t he greatest ex tent feas i ble, to p rovide opportunities
for training an d emplo y m ent to low-i ncome resi den t s of the PROJ ECT area an d to make efforts to
provide CON TRACTs f o r work in connection w ith the PRO JE CT be awarded to business concerns which
are located in or owned in substantial part by persons re sid ing in the area of the PROJECT.
A. The work to be pe r fo rm ed under this CONTRACT is su bject to t he requirements of Section 3 of the
Housing an d Ur ban Development Act of 1968, as am en ded, 12 U.S.C. 1701u (Section 3). Th e purpose
o f Section 3 is to ens u re t h at employm e nt an d other eco nomic opportunities generated by HUD
ass istance or HUD -ass iste d projects covere d by Sectio n 3, shall , t o t he grea t est extent feasible, be
d i rected to low-and very low-incom e persons, particu larly persons who are recipients of HUD
assistance for ho usi ng .
B. The parties to this CONTRACT agree t o comply with HUD 's regulations in 24 CFR Pa rt 135, which
implement Sec tio n 3. As evidence d by their execu tion of this CONTRACT, the parties to this
CONTRACT certify that they are under no con tractua l or other imped i men t that wo uld prevent them
from comp lyi ng with the Part 135 r eg ul at ions.
C. The CONTRACTO R agrees to se nd to eac h labor o rgan iza tion or represen t ative of workers with
which the CONTRACTOR has a co llective bargaining contract or other understandi ng, if any, a notice
advising the l abo r organization or worke r s' representative of the CONTRACTOR 's commitments
Pa ge: APPEND IX A .13
under this Section 3 clause, an d wil l post co pies of the notice in conspicuous places at the wor k site
where both emp loyees and applicants for training and employment positions can see the notice.
Th e notice sha ll describe the Section 3 preferen ce, shall se t fo rth minimum number and job titles
subject to hire, ava ilability of apprenticeship and training positions, the qualifications for each; and
the name and location of the person(s) taki ng applications for each of the positions; and the
anticipated date t he work shall begin .
D. The CON TR AC TOR ag r ees to inclu de this Section 3 clause in every SUBCON TR ACT subject to
compliance with reg ul ations in 24 CFR Part 135, and agrees to take appropriat e action, as provided
i n an applica bl e provision of the SUBCON TR ACT or in this Sect ion 3 clause, upon a finding that the
SUBCONTRACTOR is in violation of the r egu lations in 24 CFR Part 135. The CON TRACTOR will not
SUBCONTRACT with any SUBCON TR ACTO R where the CONTRACTOR has notice or kn owledge that
the SUBCONTRACTOR has been found in violation of the regulations in 24 CFR Part 135.
E. Th e CONTRACTOR will certify that an y v acant emp loyment p osi t ions, including t r aining positions,
that are filled (1) after the CONTRACTOR is se lected but before the CON TRACT is executed, and (2)
with persons other t han those to w hom t he regu lations of 24 CFR part 135 require employment
opportunities to b e directed, were not f illed to circumvent t he CONTRACTOR's obligations under 24
CFR Part 135.
F. Noncompliance with HU D's regulations in 24 CFR Part 135 m ay r esu lt in sanct ions, termination of
thi s CON TRACT for def ault, and debarment or suspension f ro m future HUD assisted contracts.
G. With respect to work performed in co nn ection with Sectio n 3 covered India n ho u sing assistance,
section 7(b) of the Indi an Self-Determinat ion and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to b e performed under this CONTRACT. Section 7(b) requires that to the greatest
extent feasib le (i) preference and oppo rtunities for training and employment sha ll be given to
Indi ans, an d (ii) preferenc e in the award of contracts and subcontracts sha ll be given to Indian
o rganizations and Indian-owned Econo mic Enterprises. Parties t o this CON TRACT th at are subj ect to
the provisions of Section 3 and sectio n 7(b) agree to comp ly with Section 3 to the ma xi mum ex t ent
feasible, but not i n derogation of comp liance with section 7(b).
Lobbyist Ordinances
A. County Lobbyi st Ordinance: CONTRAC TOR and eac h County Lobbyi st or Country lobbyist firm, as
defined in Los Angeles County Code Chapter 2.160 (County Ord inance 93-003 1), retained by the
CONTRAC TOR, shall f ul ly comply with th e requirements as set forth in sai d County Code. The
CONTRACTOR must also certify in writ i ng on the County Lobbyist Certification for m that they are
familiar with the Los Angeles County Code Chapter 2.160 and that all persons acting on behalf of the
CONTRACTOR w ill comply with the County Code.
Failure on the pa rt of the CONTRACTOR and or Lobbyist to fully comply with the County Lobbyist
requirements shall constitute a materi al breach of th is CON TRAC T upon which the CITY may
immediately terminate this CO NTRACT and the CONTRACTOR sha ll be su bject to civil lia bility
pursuant to Los An geles County Code Chapter 2.160 (County Ordinance 93-003 1)
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,
Page: APP ENDIX A.14
from using federally appropriated funds for the purpose of influ encing or attempti ng to influence an
officer or emp loyee of any agency, a Member of Congress in connection with the awarding of any
Federal CONT RACT, the making of any Federal grant, loan or cooperative agreement, and any
extension, continuation, renewal, ame ndment or modification of said documents.
The CONTRACTOR must certify in writin g on the Federa l Lobbyist Req ui r ements Certification form
that it is fami li ar with the Federa l Lobbyi st Requirements and th at all persons and /or
SUBCONTRACTORS acting on be half of the CONTRACTOR wi ll comply with the Lobby ist
Requirements. Fai lu re on the part of t he CONTRACTOR or persons/SUBCO NTRACTORS acting on
behalf of the CONTRACTOR to fully comp ly with the Federal Lobbyist Requireme nts sh all be subject
to civil penalties.
Acces s and Retent io n of Record s
The CONTRACTOR shal l provid e access to t h e CITY, the Fe dera l grantor agency, the Co mptroller Gene ral
of the United States, or any of their duly authorized represe ntatives to any books, documents, papers
and records of the CON TRACTOR which are directly pertinent to th e specific CONTRACT for the purpose
of making audit, exam in ation, excerpts and t r anscriptions. The CONTRACTOR is required to retain the
aforementioned records for a period of fi ve years after the grantee pays final payment and other
pending matters are closed.
Conflict of Interest
The CONTRACTOR represents, warrants and agrees that to the best of its knowledge, it does not
pre sently have, nor will it acquire during the term of this CO NTRACT, 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 bus iness entity that has ente r ed into any CONTRACT, SUBCONTRACT or arrangement
with the CITY. Upon exec ution of this CON TRACT and during its term, as appropriate, the CON TRACTO R
shall disclose i n writing to the CITY, any othe r CONTRACT or employment during t he term of this
CONTRACT by any other persons, business or co rp oration in which employme nt will or may likely
develop a conflict of interest between t he CITY interest and the interests of the third parties.
Sa f ety Standards and Accident Prevention
The CON TRACTO R sha ll comply with all applicable Federa l, state and local laws gove rning safety, health
and sa nitation. The CO NTR ACTOR sha ll provide all safeg uards, sa f ety devices and protective equ ipment
and take any other needed actions, o n his own re sponsibi lity, rea sonably necessary t o protect the life
and health o f e mployee s on the job an d t he public and to protect property i n co nn ection with the
performance of this CO NTRACT.
Drug Free Workplace Act of the State of California
The CONTRACTOR ce r t ifies under penalty of perjury unde r the laws of the State of Cal ifornia that the
CONTRACTOR will co mply with t he req uirements of the Drug-Free Workplace Act o f 1990.
Page: APPEND IX A .lS
Copyright
No report, maps, or other documents produce d in whole or in part under t h is CON TR ACT shall be the
subj ect of an appl ication for copyri ght by o r on beh alf of the CONTRACTOR . All documents become the
property of the CI TY and the CITY holds all the r ights to said data.
Pat ent Rights
Th e CITY will ho ld a ll the patent rights w ith respect to any discovery or invention which arises or is
developed in the course of, or under this CO NTRACT.
Noti ce to Employees Reg arding the Fede ral Earned Income Credi t
CONTRACTOR shall n otify its employees, an d sh all require each SUBCO NTR ACTO R to notify its
employees, that they m ay be e ligible for the Federal Earned Income Credit under the f ede ral income tax
laws. Such not ice shall be provided in acco rdance with the requirements set f orth in Internal Revenue
Servi ce Notice 1015.
Use of Recycled-Content Paper Products
Consistent with the CITY Council and/or County Board of Commissioners' pol icy to reduce the amount of
so lid waste deposit ed at the Co unty land fill s, the CONTRACTOR agrees to u se recycle d -content paper t o
the maximum ex t ent po ss ible on the PROJECT.
CON TRACTOR Respo nsibility and Debarment
A. A r espons ible CONTRACTOR is a CONTRACTOR who has demonstrat ed th e attribute of
trustworthi ness, as well as quality, fitness, capacity and experience to sa tisfactorily perform the
CONTRACT. It is the policy of the County, th e Commissio n and the CITY to con duct busin ess only
wit h re spo nsible CON TRACTORS.
B. The CONTRAC TOR is hereby notif ied t hat, i n accordance w ith Ch apter 2.202 of t h e County Code, if
t he County, w hich, as defined under Section 2.202 .020, includes the CITY, acq uires information
concerning the performance of the CON TRACT OR on this or other CONTRACTs w hich indicates that
the CONTRACTO R is not responsible, the County may, in addition to othe r remedies provided i n the
CONTRACT, deba r the CONTRACTOR from bidding on Co unty or CITY CONTRACTs for a specified
period of time not to exceed 3 years, and terminate any or all existing CONTRACTs the CON TRACTO R
may have with the CITY.
C. The CITY may debar a CONTRACTOR i f the CITY Council and/or County Board of Commiss ioners
find s, in its disc retion, that the CONTRACTOR ha s done any o f the following : (1) vio lated any ter m of
a CON TR ACT with th e County, th e CITY, (2) commi tted any act or omissio n which n egatively reflects
on the CON TRACTO R's quality, f itness or capaci t y to perform a CONTRACT with the County, the CITY
or any other pub li c e ntity, or engaged in a pattern o r practice whic h negatively reflects on sa m e, (3)
committed an ac t or offense which indicates a lack of business integ rity or bus ines s honesty, or (4)
made or submitted a f alse c lai m agai nst the Co unty, the CITY or any othe r public entity.
D. If there is evi dence that the CONT RACTOR may be subject to de barm ent, th e CITY will no t ify t h e
Page: APPENDIX A.l6
CONTRACTOR in writing of the evidence, which is the basis for the proposed debarment and will
advise the CONTRACTOR of the schedu led 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 su bmit evidence at t hat hearing. After the hearing, the CONTRACTOR Hearing
Board shall prepa re 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 CONTRACTO R f ai ls to avail itself of the opportunity to submit evidence to the CONTRACTOR
Hearing Board, the CONTRACTOR may be deemed to have wa ived all rights of appeal.
F. A record of the hea r ing, the proposed decision and any other recommendation of t he 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 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--------
Page: APPENDIX A.17
IN WITN ESS WHEREOF, the parties hereto have caused this contract to be executed on the 1st day of
April, 2014, by their respective officers duly authorized in that behalf.
CITY OF TEMPLE CITY
a Municipal Corporat i on
By: __________________ __
Carl Blum, Mayor
ATIEST :
By: -----------------------
Peggy Kuo, City Clerk
A PPROVED AS TO FOR M
By: ______________ _
Eric S. Vail, City Attorney
CONTRACTOR
Name: FS CONSTRUCTION,
a California Corporation
By: -------------------
Name and Title
by ________________________ __
Secretary
Page: APPENDI X A .18
ATTACHMENT C
Page: APPENDIX C.4
Page: APPENDIX C.5
Page: APPENDIX C.6
Page: APPENDIX C.7
Page: APPENDIX C.S
Page: APPENDIX C.9
INDEX OF SCOPE OF ACTIVITY
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Page: APPENDIX C.16
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ATTACHMENT D
A. NOTICE INVITING FORMAL SEALED BIDS
Downtown Parking District Lots, ADA Improvements
CDBG Federal Funded Project, Project No. 601596-13 , HUD Code : 03G
and
Temple City Boulevard ADA Acces sibility Improvements
CDBG Federal Funded Project, Project No. 601595-13, HUD Code: 03L
Bid No. P14-14 & P14-15
City of Temple City
PUBLIC NO TICE IS HEREBY GIVE N that th e City of Temple City invites sea led bids for th e above stated
project and wi ll receive such bids in the office of the City Clerk, City Of Temple City, 9701 Las Tunas
Drive, Temple City, CA 91780, up to the hour of 11:00 AM, March 4, 2014. The bids received will be
publicly opened approximately 15 minutes after the bid subm ittal deadline in the City Council
Chambers.
This Notice Inviting Formal Sealed Bids will be advertised in a newspaper of gene r al circulation, prin ted
and published in the juri sdiction of the City of Temple City at least fourteen (14) ca lendar days before
th e bid opening date.
A non-m anda t ory pre-bid meeting is sched ul ed at Temple City Counci l Chambe rs located at 9701 Las
Tun as Drive, Temple City, CA 91780 at 11:00 AM, Febru ary 18, 2014 to answer any questions from
prospective bidders and to explain the Federa l Labor Standards Provisions, Section 3 Clause, and the
prevaili ng wage requirements of the Dav is-Bacon and Related Acts. While this is a non-mandatory pre-
bid meeting for the prospective bidders to attend, it is recommended that all prospective bidders attend
t h e meeting to gain a good understanding of project standards, bid preference, Section 3 and Federal
Labor compliance requirem ents. Prospective bidders will be informed of the potential for a bid
prefe rence , and the training, contracting and h iring goals that cont ractors must document in good faith
efforts to meet, will be described .
Copies of the Plans, Specifications an d contract documents can be obta i ne d as follows:
1. To receive a pdf fi le send an e-ma il request to: ali.cay.ir@tra nstec h .org. A pdf file will bee-mailed at
no cost.
2. Hard copy can be picked up at a non-refundable cost of $50 from City Of Temple City, 9701 Las
Tunas Drive, Temple City, CA 91780 . Make check payable to "City of Temple City". Place a note on
the check as follows: Cost for Plan Se t for Downtown Parking Distri ct Lots, ADA Improvements,
and Temple City Boulevard ADA Acce ssibility Improvements.
3. Hard copy will not be mailed.
This is a HUD Sec t io n 3 construction contract . Fir st preference will be given to a bidder who provides a
reasonable bid and is a qualified Section 3 Business Concern. Second preference will be given to a
bidder who provides a r easonable bid an d commits to achieving the Section 3 employment, training and
subcontracting opportunity goa ls by submitting a w ritten commitment (E conomic Opportunity Plan).
This is a Federa lly-ass ist ed constru ction project. Federa l Labor Sta ndards Provis ions, including th e
prevailing wage req uirements of the Davis-Bacon and Related Acts will be enforced. In the event of a
labor dispute, whe n Fe d eral and State wage rates are in conflict, the higher of the two will prevail.
Page:A.l
The estimated cost of this project is over $200,000, and ther efore, this is a HUD Section 3 construction
contract and all bidders must commit to emp loy low-income res idents from the loca l community to
ac hieve the Section 3 goals and to be cons id ere d a Section 3 responsive bidder. A bidder who is not
responsive to Sec t ion 3 r equ i rements shall be considered a non-responsive bidder to this Invitation for
Bids.
The City hereby notifies all qualified bidders that it will affi rmatively insure that m i nority business
enterprises will be afforded full oppo rtunity to sub m it bid s in r es ponse to this i nvita t ion and will not be
discriminated aga in st on the basis of race, co lor, nationa l origin, ancestry, sex, religion or hand icap in
any conside ration for an award. Att ention is directed to the pr ovis ions of Sectio n 1777.5 (Chapter 1411,
Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the
contractor and that the contractor shall not all ow discrimination in employment practices on the basis
of r ace, color, natio nal origin, ancestry, sex, religion or handicap.
Th e City will deduct a State-mandated 5 percent retention from all progress payments.
In entering into a public works contract, or a subcontract, to supply goods, services, or materials
pursuant to a public works contract, the Contr acto r, o r subcon tractors, offers an d agrees to assign to the
awa rd ing body all rights, title a nd interest i n, and to, all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Section 15) or unde r the Cartwright Act (Chapter 2 [com mencin g with Sectio n
16700] of Part 2 of Division 7 of the Business and Professions Co de), arising from purchases of goods,
se rvices, or materials pursuant to t he pub lic wo rk 's contract o r subcontract . This assignment shall be
made and become effective at the time the award ing body tenders final payment to the Co nt r acto r,
without further ack nowl edgment by the partie s.
Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders
and submitte d in a sealed envelope plainly marked on the outside. Bids must be accompanied by a bid
bond, made payable to the City of Temple City for an amount no less than 10 percent of the amount of
bid.
No bid will be acce pted from a Contractor who has not been license d in accordance with the provisions
of the Business and Profession s Code. The successful Contractor and his subcontracto rs will be required
to possess business licenses from the City. The City reserves t he r ight to reject any or all bids, to waive
any irregularity, and to ta ke all bids under advisement for a period of sixty (6 0 ) ca le nd ar days.
Any contract entere d into pu rsuant to this notice shall become effective or enforceable aga i nst the Ci ty
of Temple City only when the formal written co ntract has been duly exec uted by the appropriate
off icers of the City.
Total construction duration is 30 work days . THE CONTRACTOR SHAll COMPLETE THE WORK WITHIN
30 WORK DAYS OF THE EFFECTIVE DATE OF CITY'S NOTICE TO PROCEED WITH CONSTRUCTION.
If there are any questions re garding this project, please contact in writing via e-mail:
Ali Cayir, P.E
a li.cayir@tr anstec h.org
All inquiries must be subm itted in writi ng.
BY ORDER of the City ofTemple City, California.
Page:A.2
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TRANST!tCH 810 ANALYSIS F~"
PRO.JECT NAME: Downtown Parking DIStrict Lots and Tomplo City Bouiovard. ADA lmprcvemento, COBG Fodorol Fundod Prcjocl
REVI EW OF APPARENT LOYV BID
~:FSCons:rut:IJOI\ TELEPHONe NO. (818)!U'o;...08g5
fAPPAAlNlLOW810St.J81MTtC08Y ..... Ango!F"""' 14$S8-Sl. ~ CA 91342 FAXNQ.
APPER£NT LOW 810 AMOUNT S20QOOO.D(
~lol RM~O'CHECKED RMEWRESULT HECKEDBY DATE RDIAI!KS
jewS TAMPED AS RECEIVW PRIOR BID nME Yn 00 3.0/14
~10 BONO IN PROPER AIAOlii'IT v .. 00 3.'1114
~L AOOEI\OA ACKNO'.\Il..EDGED Vu CD 3fi/14
~APPARENT DISCREPANCY IN THE SUBMITTAL No 00 J/0114
OTAL 810 PRIICES CALCULATED CORRECTLY v •• CD 316J14
SID PRICES IN NUMUCRS AND V"''TINO MATCH v .. 00 3/0114
SUBCONTRACTOR AMOUNT so.oo OD ;w/14
PRIIlE ICO"'TRACTOR REOLOREMENT ~1.CJOY. 00 3fi/14
~U8CO'<TIW:TOR PERCENT PER 810 ....... 00 3N14
pt<J¥£ CO'tTIIACTOR PERCENT PER 1110 100.000. 00 3.'1114
~DOER COMI't.I(S WITH PRIME CO>ITRACTOR PUICENI v .. 00 W I'
~ONTRACTOR UCENSE STATUS c.,... OD 316/14
REFERENCE CHECK ACCEPTABLE· vos 00 :W14
lRANSlEC:H BID ANAL Y$1$ f~M
FSConttrvc.liOn
R£f[RENCE CHECK FOR AI' PARENT LOW 810DfR
REFERENCE DATA FOR Al'PAREHT LOW BIODER An ••r-ves· H ••tnn.ctor""NO'"II notNO.n.d
~ 91 ~~ u ilt U 1 U t
I 0 ~ ~
~i ~ ~~ ! ~
~ f u~ ~~ RUIAAhl ., i~ ~ ~8 ~g ~d a 8" 8~ 8t ~§
~C6tl(ttM,.."'IMLtl!t~CitV'M~10f'Mil'ltlf'!ttM~
.. U$6.<0>0
'1tl.y .._, •• !.,.,..,......OI
~~"' 111p.imQOI~•Cit,... e&~m aotGOOJII•OU.• ~ottlla C..... • CivlallM MoNJt 11).S21 &ep::OI u ... "" "" .. =:~~='*'-''t~r OD -~· •pl&.d ... _..."' ..... •aaylo-.'~WII!)"
~-I"'CCtta~~~~-~· Romy l\llHIU ~U2Uno 1321.17 At.IO;Dl po llf'hV'
~~
~._. ...... ~
., .. a... .... ,~., .. ,. ,...:.,. ... 14.501.WI ., .... ...... ... .... .. ... ,.. "'W<V_ ... ,. •• _.. ---po ... ,..
I
TRANST ECH BID A NALYSIS FORM
PROJECT NAME : Downtown Parking District Lots and Temple C ity Boulevard, ADA Improvements, CDBG Federal Funded Projec
LOWEST RESPONSIVE B ID
!APPARENT LOW BIDDER . FS Construction
AMOUNT $200,000.00
DID APPARENT LOW BID REVIEW RESUL TEO IN APPARENT BID BEING RESPONSIVE Yes
IF APPARENT LOW BID IS NOT RESPONSIVE, CONDUCT REVIEW OF SECOND LOW BID· N/A
LOWEST RESPONSIVE BID SUBMITTED BY: FS Construction
IN THE AMOU NT OF: $200,000.00
LOWEST BID $200,000.00
!AvERAGE BID $233,268.33
HIGHEST BID $291,205.00
ENGINEERS ESTIMATE $153,100.00
RECOMMENDATION AND APPROVALS
!ACTION TAKEN DATE BY
LOW BID ANALYSIS REVIEWED BY 31612014 OD
LOW BID RECOMMENDED BY. 31612014 00
TO: Contract Compliance Officer, Commumty Development Block Grant Division
Community Development Commission, County of Los Angeles
Date 1-.larch 1::!, ::!014
FAX a copy to CDBG prior to award
(323) 890-8595
SECTION 3 BID EVALUATION MEMORANDUM
Awarding Ag ency: Cay of T emple Cuy --~----~--~------------------Agency Represen tative: Adam Gulick -------------------
Project Name: Downtown Pkg Lot~ •• \0.\ Imp's; Temple City Bh·d .\0,\ I mp'~ Project Number: 601596-13,601595-13
Bid Opening Date : ~larch 4, 20 14
REASONABLENESS 0 F BID (See guidelines on the back of this form for the Zone of Consideration)
The Lowest Bid $ 200,000.00
"X" PLUS
FACTOR The lesse r of 8 .00°'o o f Low Bid ($ 16 000.00 ) -or $ 16,000 00
$ 16,00000
EQIIAI
Maximum A ~. ... ~ 3 R1 !asonable Bid
$ 216,000.00
NAME OF BIDDER Section 3
Res ponsive Bid Amount
(Documents Provided to demonstrate responsiveness to Sedoon 3 Contracting, Employment and Training Goals) Yes No (list Low Bid First)
FS Construction
Oaualified Section 3 Business Concern, 051 % Owned by Section 3 person(s), or .; $ 200,000.00 Osection 3 Economic Opportunity Plan
0 Section 3 Business Ce rtifi cation form(s) ____ %0Subcontracts
0 Section 3 Residen t Certification form(s) \7.5 %0Employees , or 0New Hires
Unique Performance Construction
00ualified Section 3 Busi ness Concern, 051 % Owned by Section 3 person(s), or .; $ 208,600.00 0Section 3 Economic Opportunity Plan
0 Section 3 Business Certification form(s) ____ %0Subcontracts
0 Section 3 Resident Certification f orm(si -; %0Employees, or 0New Hires
E l Ca mino Con struction & Engineering
bZJ Qualified Section 3 Busi ness Concern, IZI 51% Owned by Section 3 person(s), or .; $ 29 1,205.00 0Section 3 Economic Opportunity Plan
0 Section 3 Business Certification form(s) ____ %0Subcontracts
0 Section 3 Resident Certification form(s) %0Employees , or 0New Hires
Oaualified Section 3 Business Concern, 051% Owned by Section 3 person(s), or $ 0Section 3 Economic Opportunity Plan
0 Section 3 Business Certification form(s) ____ %0Subcontracts
0 Section 3 Residen t Certification form(s) %0Emolovees , or 0New Hires
First preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern. Second
preference wi ll be given to a b idder who provides a reasonable bid and commits to achieving the Section 3 employment, tra ining and
subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan).
RECOMMENDATION FOR SECTION 3 CONTRACT AWARD
The contractor listed below is a Sect ion 3 Responsive Bidder with in the ·zone of Consideration•
FS Construcuon
Check the box below if a {icable
No bidders were able to meet Section 3 responsive and reasonable
1\dam Gulick
(Print Name of Contracting Officer)
(Signa ture of Contracting Officer)
D bidding requirements . Therefore , the construction contract will be t-.Iarc h 2 o, 2 o l ..J.
awarded to the lowest bidder who has provided a reasonable bid in
accordance with the awarding agency's policy and procedures. I-----------------(:::D-a-te7) ________________ _
A S ection 3 R esponsive bidder is a bidder that submits a Section 3 Business Certification form with the bid , and
1. Qualifies as a Section 3 Business concern because the business
•Is 51% owned by low-income residents, or
·30% or more of its permanent full-time employees are low-income residents, and
•Provides the Section 3 Resident Certification form(s) for each qualified employee.
-OR-
2 . Makes a written commitment by submitting a Section 3 Economic Opportunity Plan with the i r bid indicating
that the bidder will:
·Hire atleast30% aggregate new-hires tha t are qualified low-income residents , and
•Provide the Section 3 Resident Certification form(s) for each Section 3 new-h ire , or
•Subcontract 25% or more of the bid amount to qualified Section 3 Business Concern(s ), and
·Ensure that the Business Concem(s) provide Section 3 Resident Certification form(s) for each
q ualified employee.
NOTE: If th e contract is awarded based upon the written commitment , the contractor will be respo ns ible to
document all efforts made to recruit Section 3 resident new-hires. Additionally, t he recipient of a Section 3
contract who commits to the Section 3 goa l is requ ired to submit a Section 3 Summary Report by July 1
and/or with the ir final Certified Payroll Report submission.
First preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern .
Second preference will be given to a b idder who provides a reasonable bid and commits to achievi ng the Section 3
employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan).
A S ectio n 3 Non-responsive bidder is a bidder that:
.,. Fa ils to provid e a Section 3 Business Certifica tion form documenting Section 3 qualifications with a bid response, or
.,. Fails to provide a Section 3 Business Certification form and an Economic Opporlum ty Plan with a bid response .
However, 1f the lowest bid of a qualified Section 3 Responsive Bidder is not reasonable (not with i n the Zone of Consideration),
as defined below, the construction contract sha ll be awarded to the lowest bid from any responsive and responsibl e bidder.
A REASONABLE b i d is a bid that is not more then the value of ·x· higher than the LOWEST BID.
1. The actual dollar amount of bid received from any responsible bidder, PLUS
2. The "X" FA CTOR, w hich is the lesse r of;
a. The dollar amount of the requ ired percentage listed on the chart bel ow of the Bid submitted, or
b . The actual dollar amount listed on the chart below.
3. Equal the MAXIMUM ACCEPTABLE BID.
ZONE OF CONSIDERATION
If t he Lowes t B i d is The "X" FACTOR
At Least But Less Than is the Lesser tha n
$100,000 N/A 10% $g ,ooo
$100 ,000 $2 00,000 9% $16,000
$200,000 $300 ,000 8% $21,000
$300 ,000 $400,000 7% $24 ,000
$4 00,000 $500,000 6% $25,000
$500,000 $1 ,000,000 5% $40,000
$1,000,000 $2,000,000 4% $60,000
$2,000,000 $4 ,000,000 3% $80,000
$4 ,000,000 $7,000,000 2% $105 ,000
$7,000,000 1.5%
C heck a License - L icense Deta il-Contractors Sta te Li cense Board ATTACHMENT F
DEPARTMENT OF CONSUMER AFFAIRS
--· Contractors State License Board
Contractor's License Detail -License# 777126
& DISCLAIMER: A license status check provides information taken from the CSLB license database. Before
relying on this information, you should be aware of the following limitations .
* CSLB complaint disclosure is restricted by law (B&P 7124 §)If this entity is subject to public compla in t disclosure, a link
for complai nt disclosure will appear below. Click on the link or b utton to obtain complaint and/or legal action information.
+ Per B&P 7071 17 . only construction re lated civil judgments reported to the CSLB are disclosed.
+ Arbitrations a re not l isted unless the contracto r fails to comp ly w ith the terms of the arbitration.
+ Due to w orkload , there may be relevant info rmation tha t has not yet been entered on to the Board's license database.
License Number
Business Informati on
Entity
Issue Date
Expire Date
License Status
Classifications
Bonding
Workers' Co mpens atio n
777126
F S CONSTRUCTION
Business Phone Number. (818) 838-6040
14838 BLEDSOE ST
SYLMA R, CA 91342
So le Ownership
04/06/2000
04/30/2016
ACTIVE
Extract Date 3/2 4/2014
This license is current and active. A ll information b e low should be reviewed.
CLASS
C-8
C27
A
DES CRI PTI ON
CONCRETE
LANDSCAPING
GENERAL ENGI NEERING CONTRACTOR
CONTRACTOR'S BOND
This license filed a Contractor's Bond with
AMERICAN CONTRACTORS IN DEMNITY COMPANY.
Bond Number: 100043676
Bond Amount: $12.500
Effective Date : 03/03/2008
Contractor's Bond History
WORKERS' COMPENSATION
This license has workers compensation insurance Wllh
STATE COMPENSATION INSURANCE FUND
Policy Number: 9056610
Effective Date: 05/28/2013
Expire Date: 05/28/2014
Workers' Compensation Hjstorv
Personnel listed on th is license (current or disassociated) are listed on other licenses.
~---P_e_rs_on_n_e_IL_is_t __ ~l l~ ___ O_th_er_L_ice __ ns_e_s __ ~
312412014 S)Stem for Award M anagerrent
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CUrrent Search Terms: FS construction*
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