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HomeMy Public PortalAbout7K ADA Access Ramp and SidewalkAGENDA COMMUNITY DEVELOPMENT DEPARTMEJTEM 7.K. DATE: October 16, 2012 MEMORANDUM TO: The Honorable City Council FROM: Jose E. Pulido, City Manager Via: Steven M. Masura, Community Development Director By: Adam L. Gulick, Associate Planner AtA Neville Pereira PE, City Engineer Patrick Goode, Willdan SUBJECT: ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FEDERALLY FUNDED AMERICAN WITH DISABILITY ACT (ADA) ACCESS RAMP AND SIDEWALK IMPROVEMENT PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, GIP NO. P12-05) RECOMMENDATION: The City Council is requested to: a) Accept the bid submitted by Unique Performance Construction, Inc. (Attachment "A") for the CDBG federally funded ADA Access Ramp and Sidewalk Improvement Project (Project No. 601524-12, HUD Code: 03L; Bid No. P12-05; CIP No. P12-05); and b) Authorize the City Manager to execute the agreement (Attachment "B"). BACKGROUND: 1. In September 2011, the City hired Willdan to assist with the administration of the CDBG program and implementation of the Home Improvement Program. 2. On January 17, 2012, the City Council conducted a public hearing and approved the following allocation of CDBG funding to programs for Fiscal Year 2012-13: A. Housing Rehabilitation Loan Program: $150,000; B. Asbestos Testing and Removal Program: $ 75,000; C. Youth Scholarship Program: $ 31,070; and D. ADA Barrier Removal Project: $100,000. City Council October 16, 2012 Page 2 3. On May 21, 2012, the Los Angeles County Community Development Commission (CDC) informed City staff that the City had $421,653 unexpended CDBG funds from previous years that needed to be allocated and expended or risk losing the CDBG funds. 4. On June 19, 2012, City Council approved the agreement with Transtech Engineering (Transtech) for: City Engineer/Public Works and related capital projects services; to provide the necessary assistance to staff and ensure that the City implements projects in a timely manner; and expends CDBG funds in accordance with U.S. Housing and Urban Development (HUD) federal requirements. 5. On June 27, 2012, City staff and consultants (i.e., Transtech and Willdan) met with the CDC to discuss the City's plan to allocate uncommitted funds to the ADA Access Ramp and Sidewalk Improvement Project and the Housing Rehabilitation Program, reviewed the aforementioned action plan and the overall process to complete the expanded ADA Access Ramp and Sidewalk Improvement Project. 6, On July 2, 2012, a public notice (Attachment "C") was published in the Temple City Tribune identifying programs to implement in FY 2012-13 that meet the City's needs along with addressing the proposed increase to CDBG Program allocations and the need to expend unexpended CDBG funds for FY 2012-13. 7. On July 3, 2012, the City held a kick-off meeting with Transtech and Willdan to discuss expending CDBG funds by the end of the calendar year and making the ADA project a high priority. 8. On July 12, 2012, staff met with Transtech and Willdan to finalize the implementation procedures for the ADA Access Ramp and Sidewalk Improvement Project ("ADA Project"). 9. On July 17, 2012, the City Council adopted the following CDBG-funded program modifications for FY 2012-13 to include unallocated funds from previous years: A. Housing Rehabilitation Loan Program: $299,015; B. Asbestos Testing and Removal Program: $ 75,000; C. Youth Scholarship Program: $ 31,070; and D. ADA Access Ramp and Sidewalk Improvement Project: $384,000. 10. On August 21, 2012, Cost and Eligibility Table, ADA Ramp Location Map (Attachment "D") and Aerial Plans with description of scope of work at each ADA ramp location were submitted to CDC for their review. Because the project is utilizing CDBG Funds, the project requires review and approval from the CDC. City Council October 16, 2012 Page 3 11. On September 6, 2012, a field review of the ADA Project locations were conducted by CDC, City staff and City Engineer. 12. On September 21, 2012, based on comments received from CDC, the ADA Project plans were finalized and final bid package was submitted to CDC for approval. 13. On September 25, 2012, CDC informed the City that the ADA Project bid package was approved. 14. On September 25, 2012, the City published the ADA Project Bid Notice in Pasadena Star News (Attachment "E"), Temple City Edition with a bid deadline of October 9, 2012. Additionally, the City posted the Bid Notice on City's website and Transtech requested publishing of the ADA project Bid Notice through various contractor trade publications.. 15. On October 1, 2012, per CDC requirements, an Addendum to the ADA Project bid packages was issued informing potential bidders of the most recent update in the Davis -Bacon Act Wages. 16. On October 2, 2012, per CDC requirements, a non -mandatory pre-bid meeting was held to answer any questions from prospective bidders and to explain the Federal Labor Standards Provisions, Section 3 Clause, and the prevailing wage requirements of the Davis -Bacon and related Acts. 17. As of October 8, 2012, the for the ADA Project contractor documents, bid specifications and plans were sent to 21 companies. 18. On October 9, 2012, the City Clerk conducted the bid opening for the project in the Council Chambers. Unique Performance Construction, Inc., Mora's Equipment and Construction, Inc., and Kalban, inc. submitted bids before the 11 a.m. deadline. 19. On October 9, 2012, the CDC approved and executed the $384,000 CDBG funding agreement with the City for the ADA Access Ramp and Sidewalk Improvement Project (Attachment "F"). ANALYSIS. At the June 27, 2012 meeting with the CDC, City staff confirmed the City's commitment to meeting an aggressive schedule for the construction of proposed ADA ramp locations. The process for a large scale construction project requires a more extensive public works construction bidding process. This has changed the City's past practice to have the Los Angeles County Department of Public Works construct the ADA ramps City Council October 16, 2012 Page 4 per its existing General Services Agreement with the County. Also, due to the County Public Works' 20% overhead charge, the CDC is not allowing the City to use the County Public Works for this ADA project. Therefore, the City contracts with the two qualified firms to manage the ADA Project as follows: Transtech Enaineers. Inc.: ■ 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. • CDC criterion is that the professional fees for a project would be approximately 20% of the project budget. ■ Transtech's fee is $52,400, which is approximately 13% of the project budget. ■ Because of CDBG federal funds, it was required by CDC that the Professional Services Contract is prepared in compliance with CDC contract requirements in order to be eligible for reimbursement by CDBG. ■ The contract was developed in compliance with CDC funds requirements, and approved by the City Attorney. ■ With the concurrence of CDC, the contract for professional engineering services in CDC required contract format was approved with Transtech. Willdan Associates: The Professional Services Contract for Section 3, Labor Compliance and Enforcement Services was awarded to Willdan Associates. Willdan's fee will not be reimbursed by CDBG Funds. Willdan's fee is $12,000, which is approximately 3% of the project budget. In the early planning stages of the ADA Project 80 corners were identified as being non - ADA compliant. In establishing the budget, Willdan provided a preliminary estimate of $4,000 per corner for the construction costs with an additional 20% or $800 per corner for design and bid specifications. Therefore, staff originally established a total budget of $384,000 for the project. However, Transtech further analyzed the originally identified corners and cross-referenced the Safe Routes to School grant that was approved in early July, and determined that the ADA Project could be reduced to 64 corners. The City received three bids for this project from: Unique Performance Construction, Inc. City Council October 16, 2012 Page 5 Mora's Equipment and Construction, Inc. Kalban, Inc. $243,900 2 (w/ missing items) $329,400 3 (wl missing items) The apparent low bid was submitted by Unique Performance Construction, Inc. in the amount of $247,550. Transtech and Wllldan conducted an apparent low bidder analysis (Attachment "G") as follows: 1. Reviewed the summation of bid prices and included the bid analysis results. The analysis resulted in Unique Performance Construction, Inc.'s total bid amount to $247,860 (by summing up unit prices of all bid items); Kalban, Inc.'s total bid amount to $392,900 (by summing up and adding unit prices for missing items), and Mora's Equipment & Construction, Inc.'s total bid amount to $291,400 (by summing up and adding unit prices for missing items). The analysis determined that Unique Performance Construction, Inc.'s bid as the lowest responsive bid for the project. 2. Contacted the bonding company to verify that the bidder is properly bonded. 3. Verified with the State Contractor's Licensing Board that the bidder is properly licensed. (Attachment "H") 4. Verified using the Federally Excluded Parties List System (EPLS) to verify that the bidder is not excluded from bidding federally funded projects. (Attachment "I") 5. Contacted the three references provided by the bidder. 6. Reviewed that all Section 3, Labor Compliance and CDC documents were submitted with the bid and found them to be in compliance. Based on the above bid analysis, the apparent lowest bid submitted by Unique Performance Construction, Inc. in the amount of $247,860, was established as the lowest, responsive and responsible bid. Due to the low bid, the ADA Project cost is now $300,260 (i.e., $247,860 construction costs and $52,400 construction management costs) leaving an estimated balance of $83,740 from the original project allocation of $384,000. On May 21, 2012, the City received a letter from the CDC stating that $421,653 of the City's CDBG funds need to be expended by the end of the calendar year or the City would risk losing some of its CDBG funds. The City expanded the ADA Project and increased funds for the Housing Rehabilitation Loan program to help meet the $421,653 drawdown requirement. The City anticipates that it will expend $442,260 of CDBG funds by the end of the calendar year in the following manner: $300,260 of the City Council October 16, 2012 Page 6 ADA Project; $100,000 of the Housing Rehabilitation Loans; $32,000 of the Asbestos Testing and Abatement Grants; and $10,000 of the Youth Scholarship Program. CONCLUSION: The City Council is requested to accept the bid for the CDBG federally funded ADA Access Ramp and Sidewalk Improvement Project (Project No. 601524-12, HUD Code: 03L; Bid No. P12-05; CIP No. P12-05) submitted by Unique Performance Construction, Inc. in the amount of $247,860 as the lowest, responsive and responsible bid; and authorize the City Manager to execute a Project Agreement with Unique Performance Construction, Inc. FISCAL IMPACT: The funds are available from the CDBG program in the amount of $384,000 for the Fiscal Year (FY) 2012-2013. The estimated $12,000 cost for labor compliance for the ADA Project would be paid from the City's Gas Tax funds. ATTACHMENTS: A. Low bid submitted by Unique Performance Construction, Inc. B. Temple City Standard Project Agreement, modified per CDC standard contract requirements C. Public hearing notice for CDBG Programs FY 2012-2013 D. ADA Project location map E. Bid Notice for the ADA Project F. Executed Project Agreement between City and CDC G. Bid Analysis from Transtech and Willdan H. California State License Contractor's search result for Unique Performance Construction, Inc. I. EPLS debarment search results for Unique Performance Construction, Inc. Attachment A City of Temple City C. BIDDER'S PROPOSAL ADA Access Ramp and Sidewalk Improvement CDBG Federal Funded Project, Project No. 60152412, HUD Code: 03L Bid No. P12-05 City of Temple City Bidder's Name: I �,�,(,�,�,.��3P,�.�'��t-�.io►�•�L In accordance with the City of Temple City's Notice inviting Sealed Bids, the undersigned BIDDER, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of Temple City of the guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices shown on the bid schedule, it is agreed that the unit and/or Jump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts of bid, unit prices shall govern over extended amount, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of Temple City's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the City of Temple City and this bid and the acceptance hereof may, at the City of Temple City's option, be considered null and void. BID SCHEDULE To the Temple City's City Council, herein called the "Council". Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the work as per the paragraph, Discrepancies and Misunderstandings, contained in the INSTRUCTIONS TO BIDDERS section, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule (Bidder shall provide a bid amount for each bid item. failure to provide a bid for each bid item shall render the bid non-responsive): Page: C, 1 N Li co i w tri to co v9 w w Gh tnr <A CY v ii � `\j " vim, s a o z t '� cc r4 ' cz,R` C., C O c3 6 O L7 O tl O O x in m 1 w vis w v � � vim_+ z n e � i4ocIn � O C7 O O kv m 0. a6 4 ors �5 n2s G a O v a5 a8 68 aZ( m 0 EL U C] C? 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IMull [U�t!LNPPrUX7M'IUFbV"Z4-J4rrfWLrtXMUTvis Bid ND.I=+ , City of Temple City DESIGNATION of SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows: Subcontractor Information Work to be Performed DollarAmount Name: Address: Tel: Name: Address: Tel: Name: Address: Tel: Name: Address: Tel: Narne- Address: Tel: Name: Address.- Tel: ddress: Tel: Name: Address: Tel: Total Subcontract Amount (shall not exceed 49°x6 of Total Bid Amount) $ Page: C,9 �allilla:�.l. yl>lR�111111�Nq 1�i1►11r+111:7f�111 �±1��s1�lAffl�11�1'f 471►�UIUdICJ�lI►r1a E7: 0.1I11�11�iil�Yl�Jy� 1t+71.U11�1a_l1� Bid No. ' ! , City of Temple City REFERENCES The City of Temple City is interested in obtaining bids from the most qualified and capable contractors with a proven track record able to perform work desired by the Public Works Department. Any and all references required to be provided by the bid specifications must be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included. The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past three years. Reference Contact InformationReference Project Contract Date __ yy Name Value Completed Agency Name, C-Iz) 2"11--IoNL Contact Name and Title: �Itt $p,�, Contact Tel No: (� O— b44-331) Agency Name: C`t'1'-A' Contact Name and Title: 4ha,, Contact Tel No: Agency Name: ID -V's Contact Name and Title: T i IUo M _1 � Contact Tel No: ^ 3 S43 BONDS The following are the names, addresses, and telephone numbers for all brokers and sureties from whom Bidder intends to procure insurance bands: V�flt4 4�1MP a rIs., � . -4 V-1 d�..yy�--.�1���Ctdl 61 cs✓+ +�' Sts' + '' SITE INSPECTION 0ro—tU The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project WITHOUT QUESTION. Name of Person who inspected the site: - Date of Inspection: Page: C.10 =11:11611la;.I':ldI1lALUiIII; lJ�(11'i_III s 1I.111111!'-1��11�1r1U1'11i1'NII_NP1�J_1R7:�1Uf1'.1��'1a41it'J4��IL1l�:7Plllq; a"Yt'1^U:I�111� Sid No.= City of Temple City ADDENDA ACKNOWLEDGME=NT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. i Dated 4 b — i. — \-L Addendum No. Dated EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, Site, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein: that no officer, agent, or employee of the City of Temple City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and'that this proposal is in all respects fair and without collusion or fraud. BIDDER INFORMATION Bidder's Name: Address: l' Z\ LU, tvScv.St- i CA"Iza.I Form of Legal Entity (i.e., individual, partnership, corporation, etc.) [ Qo r4i U t" If a Corporation, State of incorporation (i.e., Calif.) YN" G\ Valid State Contractor's License No. and Class 0 C)l R 60 _ R Contact Person Information: Name Title Email Tel �M56,-L'C QT1b'b' t01A� Page: C.11 ADDENDUM NO. 1 ADA ACCESS RAMPS AND SIDEWALK IMPROVEMENTS IN THE CITY OF TEMPLE CITY CDBG PROJECT NO. 601524-12 This Addendum forms a part of the Contract Documents for the above -identified project and modifies the original Specifications and Contract Documents as noted below. Portions of the Contract Documents not specifically mentioned in this Addendum remain in full force and effect. All trades affected shall be fully advised of these changes, deletions, and additions. 1. Reclace Prevailina Waae Section Replace General Wage Decision Number CA120033, Modification 10, dated September 14, 2012, with General Wage Decision Number CA120033, Modification 11, dated September 28, 2012 (copy attached). 1011112 Yunus Rahi, Ph.D., P.E., T.E. RCE No. C-59183 Date I acknowledge receipt of this Addendum No. 1 and accept the aforementioned. Bidder' Date Attachment: Wage Decision CA120033, Mod. 11 (9-28-12) %m""In Ili fin UVt:I1TUnVrw.Lrt;U7-VULrrWr1- Bid No. • M City of Temple city The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: ra In C6 Y%^ , CA':1 2 $ o ff The date(s) of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows: h n vt e - All current and prior DBA'S, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: Vl n In � Previous contract performance history: Was any contract terminated previously: M If the answer to the above is "yes". provide the following information: Contract/project name and number: Date of termination: Reason for termination: Owner's name: Owner contact person and tel. no.: IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all �{� aforementioned principals this —q ` day of r�t.b. + , 2012. BIDDER Ut A i �f u V T'&rJVC,,A.A.A G CN, --c. k- r,,,J�,�k. Subscribed and sworn to this day of 0C NOTARY PUBLIC JEFFREY MMES Cwnmi wn * 1941815 Rotary pumle - Cal Mornir Orono* County Page: C.12 Comm. ExtIra A4112.2016 Bid {Ifo, + , City of Temple City THE FOLLOWING FORMS ARE REQUIRED TO BE COMPLETED AND SUBMITTED WITH THE BID: 1. COUNTY LOBBYIST CERTIFICATION 2. CONTRACTOR'S LIST OF PROPOSED SUBCONTRACTORS 3, WORKER'S COMPENSATION CERTIFICATION 4. NON -SEGREGATED FACILITIES CERTIFICATION 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 RESWENT CERTIFICATION 11. SECTION 3 ECONOMIC OPPORTUNITY PLAN 12. NOTICE OF SECTION 3 COMMITMENT 13. PROPOSAL GUARANTEE/BID BOND 14. REQUEST FOR ADDITIONAL CLASSIFICATION AND RATE 15. SECTION 3 SUMMARY REPORT Page; C.13 �:J I I as.1=1!RNFII I1J-l5111lf:111:71111/!1�Itlll11111141�Nf 4'�1119l1'J'_lC'I4:iIi��� .Za�ilL�1L �Ily\;7ll3llq ;ya'J'1�i1l1:!_IMi Bid No.= City of remple City I. COUNTY LOBBYIST CERTIFICATION { - Community Development Commission County of Los Angeles Y COUNTY LOBBYIST CODE CHAPTER 2A60 COUNTY aRDIRANCE N6,93-0031 CER71FICAT4C7N NameofiFrm:_jAy ►q,L,o f P � Sk`rulf Kn—. State: C.1rlc Zip -code: Telephone Number: (qj %A Acting on behalf of the above named firm, as its Authorized Official, I snake the following Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles. f) It is understood that each persorVentityfffrm who applies for a Community Development Commission confiact, and as part of that process, Shap certify that they are familiar with the requirements of the Los.Angeles County Code, Chapter 2.100 (Los Angeles County Ordinance 93-0031 j and; 2) That all person$JentitiesMirmsacting on behalf of the above named firm have and will comply with the County Code, and; 3) That any persontentitylfirm who seeks a contract with the Community Development Commis'stan shall be disqualified therefrom andtteded [lie contract and, shall be flable in civil action, if any lalfyrst, lobbying firm, lobbyisteroployer or anyother person or entity actlag on behalf (51 the rmmod firm fails to comply with the provisions of the County Code. This Certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract wtth the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: r PON) - rr;IW ragC. ,...tv- �11l IJ 114.�Clai?Iq'llgtJt llLRalJiilVllJRltl1l 111riIt�HtM11111q►ir1=1!Iblt!'J'llg3•�111 �14�.1 i1i11H l'��54!IIR4"'.pY.`��.4tJ�tbL'{I� 6arnp kjTju ghLevviih 1'' •qi I Bid . MM City of Temple CitV 2. CONTRACTOR'S LIST OF PROPOSED SUBCONTRACTORS N i r Lu to J � x 1 a i r Lu to Bid No.= City of Temple City 3. WORKER'S COMPENSATION CERTIFICATION WQRKEWS COMPENSATION CERTIFICATION I certify, by signature below. that I am aware of the provisions of Section 3700 of the California 1-gbor Code which require every employer to be insured against Hatrlilty for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and 1 VAII comply with such previsions before commencing the peftrmance of the work of ti'lJs contract. Date: /0 - q -- I ' - Project Number; 4 / S- Z-4 — 1 Z Company Marne: lArl A Print Marne. Signature: Page; C.16 �;�un�a:i.�.i_i•+ry��:�i�•a��eu�:�wi�ian iii!i���nl�•�in�u�nnui�_:nx�arrrawi.�ar�u:►�r�:iunia:r:�ru��u:���� Bid No.M City of Temple City 4. NON -SEGREGATED FACILITIES CERTIFICATION NON -SEGREGATED FACILITIES CERTIFICATION FEDERALLY-AsslsTEa CONSTRUCTION PROJECTS The federally-assfsted construction contractor certlties that he/she DOES NOT and WILL RIOT' Maintain or provide, for hfs1her employees, any segregated facilities at any of his/her establishments. 2. Permit his/her employees- to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally -assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting raom, work areas, restrocrrls and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas. transportation, and housing facilities provided for employees which are segregated by explicit directive orare in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally -assisted contractor agrees that (except where helshe has obtained identical certifications from proposed subcontractors for q*cific time periods) helshe will obtain identical certifications from proposed subcontractors prior to the award of subcczYtracts exceeding ;10.000 which are not exempt from the provisions of the Equal' Opportunity Clause, and that helshe will retain such certifications in his/her files. NOTE: The penalty for making false statements In offers Is prescribed in 18 U.S.C. 1401, Date: � C� �'? Project Number: b c I S Z W Company: flIlist" a- e Ada64 e Address: 13 2-1 + } . t- . + �.,1 w.. G419 Z 9 o+ By: Title: Mz- ,n Page: C.17 :�11nJ�Liti1a'I11111111�1VlJ✓taiT11Ii1::11i11H±14,4M1>t1QUklY4141iG!dllPhtlC113WEI►0LIY'lY:I4alil/ ��il +I Uli1.S11.`l_:SIJr�}7E111� Bid No. am "`city of Temple City 5. PAST PERFORMANCE CERTIFICATION CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE F UNG OF REQUIRED REPORTS Thedbidder. ❑ proposed sub -contractor, hereby certifiesthathelshe 06as, -idles not. participated Ina previ'obs contract or subcontract subject to the Equal O'pkortunity Clause, as required by Executive, Orders 10925, 11114, or 11246, and that he/she Whas. Chas not, filed v)ltit the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due udder the applicable filing requirements, �r`7'nolet)63 Date: 1C, _G _ 1 Project Number: �9 ) ContractAvvard: S 41161, 21 ? y 3 AwardingAge,ncy- C"L ,�4—C4 C,�n Contractor Name' >✓i�Yl r 6�e, Com,., c rz,, hi%.. r Totat Number of >=mployees /0 Affiliate Company: a. ���fair c.� _�r7t r�'�. •' o+ • r 13y: -7 ko �7nm J Tiffe: 1J NOTE, The above certification is required by the Equal Fmptoyment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1-7(b)(t ), and aNrstbe suhmind by bidders and proposed subcontractors only in connedionwith contracts and subcontracts which are subjecttofhzequalopportunityclause, Contracts and sub contracts which are exempt from the equal opporfunity clause are set%rth in 41 CFR 60-1.6 (Generally only contracts or subcontracts of510;1300 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subjeci to the Executive Orders and have notfiled the required reports should note t4at4l CFR 60-1.7(b)(1) prevents the amrd of contracts andsubcontracts unless such contractor submttsa report covering the del nquenl period or such other period specified by the U -S. Departinent of the interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF -100 (EEO -14 must to filen bnr. (A) Ail private employers who are: (1) Su*ci to Title VII of1he Civil Rights Act of 19fi4 (as amended* with 100 or more employees_ (2) Subject to Title Vil who has fevrer than 100 employees, if the company is owned or affNated with another company, or there is centralized ownership, control or management so that thegroup legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (8) All federal contractors (private employers), who-. (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 60 or more ernpkiyees, and a. Are prime contractors or firsf-tier subcorrtmctors, and have a contract, subcontract, or purchase order amounting to S50,00,or more, or b. Serve as a depository of Government funds in any amount, or c. is a financial institidion, which is an issuing, and paying agent for US. Savings Bonds and Notes. Page: C.1R Bid No.= City of Temple City 6. NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT EOUAL EMPLOYMENT OPPORTUNITY COMMITMENT TO: '3 V.� SOR— V w ark's yo—C Nanwayl9wr Urion, ep�r,.enisa+a ek. Name of Business tCorltractor): Y13 p`PC4Lw,n :r fv cv,C 1i'r�. Ant,., 114 t Project Name:ADProject Number: _ n Z L�4 — s'. The Undersigned currently holds -,a contract with .. �` i involving funds of the U. S. Government, or a subcontract with a prime contractor Holding such contract. You are advisted that under the provisions of the above contractor subcontract, and in accordance with Executive Order 11246, the undersigned Is obligated rent to discriminate against any employee or applicant for employmentbecause of race, color, religion, sex or national origin. This obligation not to discriminate In employment includes. but Is not limited to the follow: 1. Hiring, placement, upgrading, transfer or derrrotaon; 2. RecrUtment, advertising or solicitation for employment 31 Treatment during employment; d. Rates of pay or other forms of compensation; S. Sel ection for trainin g, including apprenticeship; and 6. Layoff or termination. This milce is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice wits be posted by the undersigned In conspicuous places avallable to employees or applicants for employment. j"i o4.1+,�A c�►�� B1- (Prnc;.x�) {silcaemgl rasp; 17011.) Page: C.19 f:.il`il.:1.100 --7!7'114 ---- 1:114111!I�R�1t1wI1h117�I4•X511111'J±If14:li1fad:fY.�1�11i1tr��ytA:1C1lMJx:Y �LiIIYU: i Bid No. MM, City of Temple City 7, NON -COLLUSION AFFIDAVIT (This form must be notarized) "MONCOLL,USION AFFIDAVIT TO BE EXECUTED 13Y BIDDERAND SUBMITTED WITH BED" §7lft Any public works contact of a public entity shall Include an affidavit, in the following form: State of GaHfomia County of 125-t� ) ss. eU.w..�`z-L I�POIJ . being It duty,sworn, deposes and says that, he or she Is Tre S. dC.S of tr. S�irar �asi,the party making the foregoing bid, that the bid is not made In the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid Is genuine and not collusive orshany that the bidder has not directly or indirecty induced or solicited any other bidder to put In a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put In a sham bid, or that anyone shat[ retrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the b(dder or any other bidder, or to fix any overhead, profit, or cost etement. of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of nnyone interested In the proposed contract; that all statements contained In the bid are true; and, further, that the bidder has not, directly or Indirectly; submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, compbny association, or+gantzation, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.* Project N2meI; 4 � � S i t�e► cL C Project Number, p 6 -LLA r ^Z Company. nit L"*-- 4'Y+�l �, • �-w1� Address_ i 1 1 i=tr NF��1 Wt t+ Signature: - �'�. Title: ?re I i QOM Daate: SWORN TO AND SUBSCRIBED TO BEFORE INE rA .t1FfI flitllft;<IlU MAidlF8 This day of a C btY , 20—L2— AL Comffd ttti W-0.p1wa-I Noltlry 'ublfd-.OallloPnils FLsC Norary Public —G��' N l;nga Coufrtyy11 rh ri/s M� Comm. Expires Aurt 12.2(15 My Commission Expires: , f..! Page. C.20 Bid No. ` i Uty of Temple City 8, FEDERAL LOBBYIST CERTIFICATION FEDEP,AL LOBBYIST CEFZTIFICATION Name of Firm: {s '��v�-r,� C tr r►s t�, r, L Address: 1 `?. ''i_ 1 S . c6k-° . a t,►� State_ C A Zip Code: ! 0— Telephone Number (--14 ) -5; Z 2 _ Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S_ Department of Housing and Urban Development and the Community Development Commission, County of Los Angeles. 1) No Federal appropriated funds have been paid by or on 4ehalf of the above named 6nTt to any person for influencing or attemptlog ta.intluence an officer or employee of any agency„a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and ally extension, continuation, renewal, amendment. or modification thereof, and; 2) If anyfunds other then Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an affioer or employee orany agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above names[ firm shall complete and submit Standard Form -LLL, "Disclosure Form -to Report Lobbying", in accordance with its Instructions, and; 3) The above name firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreement) and that all sub -recipients shall certify and disclose accordlrig ty, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Subroission of this certification is a prerequisite for making or entering into the trasnsaotion imposed by Section 13552 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil peralty of not less than $1 D,fl00 and not more than $100,000 for each such failure - Authorized Official. 1Z li'G u d lCnanoenz�nbcaeexcicr) -� \a — "Il, - 1'L OU) By: Page., C-21 Bid No. M, City of Temple city 9. SECTION 3 BUSINESS CERTIFICATION SECTION 3 13USINESS CERTIFICATION FORMA Btt hwss Name: A t t ---P P'04�a Al 11P ! n�s t`e,tl. h �... �u� L . Business Address: ( 7 1 1-�s . I e -I& pr5 © W. S r Telephone Number, -4i b:.. -S 2A-22-7 0 ConbacVl3id Amount $ 'L c 1. The above mentioned business firm is a Sectim 3 business cancerm based on the fallowing qualifications: ❑ 51 -percent owned by Sect!on 3 Residents (Submit Resident Certifications with this busaiess certifkation farm} At least 30 -percent Permanent, -full-time employees are Section 3 Residents Total Number of all full-time. employees , Number of Section 3 quarfW Employees (Submit the. Residem Certification fortn(s) with tris Business Certification form) 2. The above mentioned business firma Ls not a Section 3 business comern, but commits to die Settlor 3 goal: ❑ Written Commitment (Section 3 Economic Opportunity Plan), outline intentions to: Hire Section 3 qualified residents at loast 30 -percent aggregate new hire positions, and/or Subconhact 25 -percent or more of the contract amount to Section 3 qualified business concerns. THE UNDERSIGNED DECLARES THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT 10 I Sijnaturre of Owner/Principal pate L�Ihri�l~f-- P'�Ci-hsrr,, ,'Q tee_ 8 C' �6 U Business Nance Luse number To Be Corr~ by Local Contmcdng Agency Preference Category: r_sTargeted ServkB Area riYoethbuild mother - Cenws Tract Number: Page: C.22 Bid No. M, City of Temple City 10. SECTION 3 RESIDENT CERTIFICATION SECTION 3 RESIDENT CERTIFICATION (20121a'corr_ Q,"!v mO Employee Name: Street Address City: [] I hereby certify that i am a Section 3 ressdent, based on the following rfualification(s): 1. ❑ I am a Pubfrc 1-1ousing resident (SpeClly the name of the Pubkc Housing site): 2. ❑ f ani a low-income residaW of the metropoliten area of Los Angeles. Select your Family Size and gross annual Income Llmits!ran all sources): FAMILY SITE INCOME LIMITS ❑ S17,750 or Less ❑ 520,250 or Less S22,800 or Less ❑ $$25,300 or Less [] S27,350 ar Less ❑ $2.9,350 or less ❑ S31,400 or Less S33,400 or Less ❑ S17.T51 to 529,550 ❑ S20,251 to $33,750 ❑ $22,801 to 337,950 ❑ $25,301 to 542,150 ❑ $'17,351 to $45,550 ❑ $25,951 to $48,900 © $31,401 to $52,300 ❑ S33,401 to $55,650 ❑ 529,551 to 547,250 ❑ $33,751 to 554,000 Lr 537,951 to 360,750 t"I 542,151 to 567,450 A5.551 to 572,850 548,901 to $78,250 $52,30110 583,650 S55,65110 S89,050 El 1 am not a public housing or low-income resident of the Los Angeles metropolitan area. ❑ $47,251 or more 0 $54,001 or more [,1 $60,751 or more © $67,451 or more $72,859 or more ❑ $78,251 or more [ $83,651 or more ❑ X89,051 or more Under penalty of perjury, the undersigned declares that the above information is true and correct. Fulployee Signature Date To Be Corrinfetedbvths EMPLOYER The above-named person is a f } perroenent toll line ❑Hart hale anrptatea hvlro was hired on: ThLs employee's Wo* Classification Is, Company Mame. NritName of OwneftAr": Slgnatum of OwneflAgent Gala: To Be Completed by the Local Coftlraobna Aclenev'3 SECTION 3 COORDINATOR ❑ The parson listed above Is a 5eclion 3 quatifteil residern of Los Angeles County based on the following; ncomaleve1:r�EclretneFjLow ❑Very Lau i~7Low lEneoveUafeofFademl/mmvmeWde7inosused: 1 Category: ❑RO$Wantotpubliclmusaingdeveropmenivfiit&the-prolcoarea Resident of public housing developmenior parlicipanl of Section 8 voucOf pmgtarm, WilW Los AngeleVOrarrge Comly 0 PaMwantat ❑ Yo"burd ❑ MMnaey Homelessvr❑ 4ttrer Seci:on 3 qual fled program fnconte gt afified fesklent, MWmg rrltNn lite County of Los Angeles © The person 11sted asrove is not a Semon 5 qualffiad resident of Los Angeles County based on rhs follovrloo; Local Conirocling Agency: CABG PraleU Number. Nam a of Section 2 Coordinefor, Project Name: Page -C.23 tnM: Date: �► iia • � •�: r i� 1 ! ••C � � .��� •�•�•� Bid NR. ` r , City of Temple City 11. SECTION 3 ECONOMIC OPPORTUNITY PLAN SECTION 3 ECONOMIC OPPORTUNITY PLAN I- NamE artd Addr®ssof RspoUg Entry Fedsrat rdCn int2ton. (Co hmtVAWao] N0.) 3. Do%T Arnount of AvMM: RtwplenL NJh-ractpiuf tt, ConVazW, Subcontractor) 12_ V14Q knti &Y i� Y1r r1 4pwrfw�`p y l A. OontactPeison_ s. Phone (OxhrdeAreacode) 16. Rspm1inp Fe0= 7. DWe Report 819kmmw A. Program Code.(UssaseparateSWICTea6hProgram Code) Proarmn Codes 9 1- F7aiiissreWhffkdy Z Sc4m 232911 ]: d. HonrlewA.ssi ace 3, troh7E G. HOME- StataAdrninlzTrt<red -7. Co9G—enkdcnen: B- GUBG-&aiaAdtnntered 9. r 0m.CDProgranu 10. Oa%jJ.0US1nQPro7WM Dart 1: Employment and Tralnlrrq Commitment JOB TOTAL SECTION 3 RS of Aggregate irres CLASWCA T ION NOW HIRES NEW HIRES V+rho are Secunn 3 Rrs;dents Professionafs % Technicians % Office/Clerical % Trade. % Trade: % Trade; 1110 Trade: % Total: % Partii: Contract Award Commitment to Section 3 Susinessss tSStbmotraxe�a,, gprtem.Vandats,rJ satalctPrr idzre, NAME OF SPECIFY CONTRACT $RCTION 3 6U$JNESS CONCERN CONSTRUCV014 OR NONCON3TRUCTiON CONTRACT AMOUNT TOTAL Percentage of the total daliar amount to bo awarded to Section 3 Business Concerns: o -/o Page: C.24 Wrun,ata t.L'14i4�J1111rFiliSt411121�1:114L[r#ter:iu■uutra►er�■et►u�ern�:■urt!.ux14Mlt.w�r�rau,r�a:ir■�aul_� t ' 1' • y r� a , i s r- • i f �^ r � r . 1 11 i rr s i• 1 Bid No. M, Temple 11. SECTION 3 ECONOMIC OPPORTUNITY PLAN (continues) I A Section 3 responsive bidder who commits to hire Section 3 Residents by directing emptoyment and training opportonities toward low- and very low-income persons,,parficviady those who are recipients of government assistance forhousing, may use any combination ofoutreach efforts to rneetthe Section 3 commilmentmade When a Section 3 Pcononxc Cipporlarlity Plan has been submitted. REMEMBER: All employees of a businesslfirm count•toward meeting your Section 3 compliance goals— Section 3 New Hires do not -have to be construction workers. they just have to be a part of your permanent, full time staff. SAMPLE OUTREACH EFFORTS FOR CONTRACTORS SEEIKINO SECTION 3 RESIDENT EMPLOYEES • Enter Wofirst-source hiring agreements with afganizations representing Section 3 residents, such as k4ork Source or a loEmf Workforce Investment Board. For rwm information, visit hlfullwtivw. calvria_oroflwiai index,ctm Sponsor a HUG -certified "53ep-Up' employment and training program for Section 3 residents. • Advertise training and employment positions by distributing flyers (Notice of Section 3 Commitment or other flyer that identifies the positions to be filled, the qualifications required, and where to obtain additional information about the appficafton process) to every occupied dwelling unit in the (rousing development(s) adjacent to the project site, • Po training and employment positign flyers in public housing developments, offices of the local 9ovemmeW,. and other conspicuous places_ • Contact State -approved appren#reship programs to gain access to potentially low-income residents who are actively seeking job -placement and training. For more information on focal apprenticeship programs, you can visit the Califomia Department oflndustrial Relations' database oftocal apprenliceship programs by ufsitinrs hitnitvw�nnr.Uir.ca_aov,'rkat�asesldasfnfustart 2so • Contact agencies, adnrinisterirtg HUD Youtht6lid programs, and requesting their assistance to recruit purrent HUD YouthbOld program pairti'cipanis who are in need of permanent placerhent. • Advertise any posstions to be filled thorough the local media, such as community television networks, newspppers of genera I circulation; or commonly -used job piacern em websriles such as www -Ttionster_wrn Page: C.25 �:tirurl�i.'t.tdle��e_rtrr�a�ll�in�lrweef:ts�tr��Ir�rivalnil�� rFselviil�etha.�t�rl.tr.`r:t��rten�Ut�:niaas�:i/:11J:tellr�rEi� TO; Bid No= City of Temple City 12. NOTICE OF SECTION 3 COMMITMENT NOTICE OF SECTION 3 COMMITMENT (Name of Law Urian, Waxero Rapnsxnv* etc. iia=) Name of Business (Conteactar): hln,l�,st Project Name: Project Number-- The umber The Undersigned currentlyholds a contractwlth involving Block Grant (GDB.G) funds from the U. S. Department of housing and Urban Development or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and In accordance with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to the greatest extent feasible, to give opportunfties for employment and training to lower income residence of the C013G-assisted project atea and to award contracts for work on the project to business concerns which are.located in or -are owned In substantial part by projectarea residence. Regarding employment opportunities for Section 3, the minimum number and job:titles are: M` Number ,lob Classification I Regarding Job referrals, request that consideration be given, to the greatest extent feasible, to assignment.of persons residing In the service area -or neighborhood in which the project Is located. The anticipate, d date the work will begin is For additional Information, you may contact at { ) This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban DevelopmentActof 1968. Copies of this notice -will be posted by the. undersigned in conspicuous places avallable to amploo ar appitcanis or eri7ploytnent. Page: C.26 Bond No. UN1PE-282 13. PROPOSALGUARANTWBID BOND PROPO-SAL GUARANT"ID BOND ��` �telif4g{arl��;,.7cR�fL tr!'t�rQVerncalt CIy�F�eir��rtided° t*xet Ir[o.�oi�24-�; >��t�t BEd No[ NA* City of KNOW At.l. MEN BY THESE P tESENTS that Unique Performance Construction, Inc. ,as BIDDER, AND North American Specialty Insurance Comnanv , as SURETY, are held and firmly kKmnd unto the City of Ternole City, In the penal sum of Ten Percent of the" dollars f9I0% of V which is 10 percent of the total amount bid by BIDDER to the City of Temple Chy for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and svmrally, Firm by thesepres+ettts. * TotaI Amount Bid "THE CONDITIONS OF THIS DetIUATION ARE SUCH that, whereas 9.I0DER Is about to submit a bid to the City of Temple Croy for the above stated project, if saki bid Is rejected, or If sold bId Is accepted and a contract is awarded and entered ;nth by BIDDER In the manner and time specified, then this oblleeion &hal) be null and void, otherwise It shall remain In W force end affect In tavorof the City of Ternple city, IN WITNESS WHEREDFthe parties hereto have set their names, titles, hands, and seals this.L— day of October , 2012. Unique Performance Construction, Inc., 1321 N. Jefferson Street, Anaheim, BIDDER• CA 92807, tel: 714-528-2220 h By� !� North American Speci;&y Insurance Company, 66 t . Darker Street, #130, SBRM" Orangr 92868, tel, 714-55.0-7799 B y: }candy gplrn, Attorne -In- act r "Provide BIDDE 11REess TY na , address trod telephone nuh*er and the name, title, addr and telephone nor ber for act orlxed representative. Subscribed end sworn tothia day of 2017. NOTARY Pt1B UC: lil1':•,,.I; `J IALL SOF-11M P; )VO . ',%I W sq. I -�L LtocIflAF1411 AN0 �a.'!!•.F;, il�� tool. ktl fj% AAI ',-I ..,I 4ji v, GI NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire. and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint; RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Atiomey(s)-in-Fact. to make; execute, sea[ and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature ofa bond on behalf ofeach of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of, _ _ FIFTY MILLION ($50,000,000.00) DOLLARS This Power ofAtlorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specially Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9t" of May, 2012; "RESOLVED, that any two of the Presidents, any Managing Direetor, any Senior Vice President: any Vice President, any Assistant Vice President - the Secretary or any Assistant Secretary be. and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature ofsueh officers and the seal ofthc Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing stick facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the futtne with regard to any bond, undertaking or contract of surety to which it is attached." ti y,�ajWOir� G���By �',,,�yppt,tottly��y •rcnl ,m^ Sieren P, Andorran. Senior Vire PmAdenl mf Washinglon lnlcrnaltoaai In}urance CompnR7 r r' S L &Senior\'teaPrtsidrnl of tiprlhAmerlpn 5peefall4ln}pnn;p Co.pyn.° C fillin By David N. Laynran, %lee Presid6sl orwa}hingian rnitmationai ia}uran" Company & Vice Preddeni of Narih Amwiran Specialty Nspnnn Company IN WITNESS WI IEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of June 2012 North American Specialty Insurance Company Washington international Insurance Company State of illnois County of Cook ss: On this 26th day of June -2012 . before me, a Notary Public personally appeared Steven P. Anderson . Senior Vice President of Washington international Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, aeknowledged that they signed the above Power of Attomcy as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. FNou"OF NA D. SII LENSgPublic,Sttitooflltinols Donna D. Sklens. Notary Public omatfsglou Eirptrcs 101D6nftIS I, Jeffrev Goldberg . the duty eleeted Assistant Seeretory of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certi fy that the above and foregoing is a true and correct copy of a Power of Attorney given by said North Ameriean Specialty fnsuranee Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF. I have set my hand and affixed the seals of the Coin panics this 5 day of October , 20 12 kff ey Cwldbrg, Via rresideni & Amstani Seuemry or Washutgtoo Iniw aiionai tnswamo Company A Nonh Amtcictn Speeia;ry Ilt3oranco Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA Count y of ORANGE on personally appeared before me, ERIKA GUIDO. NOTARY PUBLIC, RANDY SPOHN Jr ® who proved to me on the basis of satisfactory evidence to be the personH whose named is/afe subscribed to the within instrument and acknowledged to me that he/she/t-hey executed the same in his/#eF/theif authorized capacity (if-*, and that by his/bef/theif signatures on'the instrument the person(s), or the entity upon behalf of which the person(5) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ERIKA GUIDO � ��} WITNESS my nd oncLiafficial seal. a COMM. # 1843731 f NOTARY AUJ3uG CALIFORNIA d ORANGE COUNTY My comm. expires May s, 2013 OPT'IONA'L Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED El ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid No. 6!City of Temple City 7 14. REQUEST FOR ADDITIONAL CLASSIFICATION AND RATE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OFADDITJONAL CLASSIFICATION AND DATE cruet rwaev� emrr a�ac�oces 1. FROM (name anda=,,,essor.+egrraftagencyj �- S, BRIEF DESCRIPTION OF PROJECT L 8. WAGE DECISION NO. pncdude modioli rr nurnbar if arty) ,Pl caPr ATTACHED WORK CLASSIFICATION (S) 2. PROJECT NAME ANMD NUMBER ALu—'sS "SIdk+JAc Yntt4J-Gals -LA - 1L 3. LOCATION OF PROJECT (Cfdy. Court y and 8W) T LVA C#-J� — CR 5. CNARACTER OF CON UCTIOM ❑ Build[ng [] Resldentlal avy ®' Other (specify} Highway 7. WAGE DECISION EFFECTIVE DATE — -L % -\'L, HOURLY WAGE RATES BASIC WAGE FRINGE BENEFITS) fif any) 9. PRIME CONTRACTOR (Haeme, address) 14. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (nafti9, address) 01x1%( "'e- Per yrri om(4- C'S%.,Str'u4a'r}.+- ! Check All That Apoyj ❑ The waft to be performed Dy the addttlonal c.lassihcatlon(s) Is not performed by a classiliieutlon in the applicable inege derision. ❑ The proposed classification Is utlllaed In I to area by the Construction industry. ❑ The proposed wage rate(s), Mcling any bona tide tiinge benerb, bears a reasonable relationship to the wage rates eontatne d In the wage decision. ❑ The Interested patties, dncluft the ernployees or their authaltzed representrth+es, agree on the classlfrtatIon(s) and wage rale(s). ❑ Supporting documentation attached, Including applicable wage declslon. � Clio -a On a: -- ❑ Approved, meets all Criteria. DOL oonFrmattan requested. ❑ One or more classifications Fail to matt al[ criteria as explained in agency referral, ❑CIL decision rogoested. FOR HUI) USE ONLY MOW: Agency Representative Date (730ecnarna and ar nzwx) Log In: Log out-. phone NrHn46r ����' ewar rwu:vwus�umctur:uuasxr�re Page: C.28 ttttttl:mt.14-rA.!IPA ilia %i ulU1411911'tril4':u4rIlI +.iii . =tr ynrr il:F1'�Ilral saYrrr:rniar'iIl"•tf "b:Y-- ADDENDUM NO. 1 ADA ACCESS RAMPS AND SIDEWALK IMPROVEMENTS IN THE CITY OF TEMPLE CITY CDBG PROJECT NO. 601524-12 This Addendum forms a part of the Contract Documents for the above -identified project and modifies the original Specifications and Contract Documents as noted below. Portions of the Contract Documents not specifically mentioned in this Addendum remain in full force and effect. All trades affected shall be fully advised of these changes, deletions, and additions. 1. Replace Prevaifino Wase Section Replace General Wage Decision Number CA120033, Modification 10, dated September 14, 2012, with General Wage Decision Number CA120033, Modification 11, dated September 28, 2012 (copy attached). 10/1/12 Yunus Rahi, Ph.D., P.E., T.E. RCE No. C-59183 Date I acknowledge receipt of this Addendum No. 1 and accept the aforementioned. t 16 - '?- /-L- Bidder Date Attachment: Wage Decision CA120033, Mod. 11 (9-28-12) Uaff Bid No. 2,t&'do, City of Temple City 15. SECTION 3 SUMMARY REPORT CONTRACTOR ECONOMIC OPPORTUNITY REPORT Name and Addse {�fc. c� r [ls, zs� am DzI REPOASur700a �k q l' C 7 off � J?J??1t 7 - t p an Fr --'p. Pzb�c tw Cost) 1 ul :71t- T? -J-44C r,siUK: � - — � c+caarArMur:ccnivart ` Ian*, u.rm: ProfadNr,r g1$a7 I 6z> 15zi-j" RDo � r �l �+ r ue P-.u't t: Employment & Training Opportunities provided to low-income individuals ti,,Atrrrm+ra ax:apxmxsw . lT ml JOB TITLE or WORK CLASSIFICATION TONAL LUIMWOVE LOW-LIGOYE "E '' HIR -5 NElij IVES TRAINEE& ` 1 I 1 I Part ll' Subcontracts Awarded r&MEPnrfec-.,ftdAtV.-Q C NP,= OF "XE Oc SUSWES5 CONCERN tLle_�s Ntraur r CONTRACT A90UNT rl�s>ns�� axo-xonstrucFiar,°vast S - - ❑razst�cfi�.i aHm�nswcdvr_Gc�rvzrl aures ridon ONCO-ewsh cfSR ct'lu-a $ Part ill' Summary of the eflori that were ma de to gerterate ecoil ormc opportunities OTrRined andfor Employed lasuinwrne kK ivlduals gequal to t",.} of -the aggregab5 new hires..� ra d i3lkmaa ded Subcorts to qi�d 6u mess Goncems eGval to s of the cont act antourti. ram..w. 11AT, •. r3attwVlad b tarn# lmN-mica ie. LncfTMuals through: DAdvwtsed thsrwgh Loyal med{d, television, raTA r1��u&&paprT nor, •as�� -0 tMgm prorninea lydisplaycd of the pmjed situ .. ra � .. a .rosc n . [3,—, ., .� 'C1Crn>✓®r=s rr�rdammurrity t;;trgar�etia>�s Mniacted rx 3nagermnt to nptlfy residents mid pasted ordisWbuted dyers at public housing, attihodtyr.�.* %IPar#t:ipatcd In a pmgratn vrhiM promotes the trstalit�g aaremployanerrt of tr v uq¢orrte lr�ctsvidcrais : �. �, ,ra �, OPaMelpated in a program which promotes the gward of contracts to secbm 3 Quahkod Eusine=s- 0—Coaat=ted agendesadaat sWdng Hall} Yusath-Budd programs. Dltasntaiaaed a file of eligible, qua�ffied 1wv4neorre Residenks airj ;,n;�tfied Eus ruts Oancems for ftdure employment oppoitcrrldiea �DTfiE� rz�.a�� ONO Emncmic Opp«tuades +vert generated during The cwrseOf ca�strucUon becaase the warp was cars-Vt ted in t7dayc DweeU Ornonths aurtf ,* job op-,nTrgc % created Page. C.29 Attachment B CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE 03L; BID NO, P12-05, CIP NO. P12-05) CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT PROJECT: THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO, P12-05) City Contract No.: THIS AGREEMENT "Agreement" is made and entered into this day of , by and between the CITY OF TEMPLE CITY, a Municipal Corporation located in the County of Los Angeles, State of California hereinafter called CITY, and Unique Performance Construction, Inc., [a corporation], located at 1321 N Jefferson St., Anaheim, CA 92807 hereinafter called CONTRACTOR, collectively referred to an the Parties. RECITALS CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or before October 9, 2012, 11 AM, for the following: THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 031L; BID NO. P12-05, CIP NO. P12-05) in the City of Temple City, California, hereinafter called PROJECT. On said date, in the Temple City Council Chambers, said bids were duly opened. At its regular meeting held on , the CITY Council duly accepted the bid of CONTRACTOR for said PROJECT as being the lowest reasonable bid received and directed that a written contract be entered into with CONTRACTOR. NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows: ARTICLE I The CONTRACT DOCUMENTS for the PROJECT shall consist of the Notice Inviting Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions, Plans, CONTRACTOR's Proposal, and all referenced specifications, details, standard drawings, and appendices, together with this contract and all required bonds, insurance certificates, permits, notices and affidavits, and also including any and all addenda or supplemental CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBO FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO, P12-05, CIP No. P12-05) agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the rights and obligations of the CITY and CONTRACTOR are fully set forth and described in the CONTRACT DOCUMENTS. All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The document comprising the complete contract are hereinafter referred to as the CONTRACT DOCUMENTS and are incorporated herein by this reference and made and part hereof as though they were fully set forth herein_ ARTICLE 11 For and in consideration of the payments and agreements be made and performed by CITY, CONTRACTOR hereby agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS. ARTICLE 111 CONTRACTOR hereby agrees to receive and accept the total amount Two Hundred Forty- seven Thousand Eight Hundred Sixty Dollars ($247,860), based upon those certain unit prices set forth in CONTRACTOR's Bid Schedule, a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising form actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. The Contract Sum is not subject to escalation, the Contractor having satisfied himself with said Contract Price, which includes all labor and material increases anticipated throughout the duration of this Construction Contract. CITY shall retain of said contract price until said time as the provisions of Article XIV herein have been met. CITY's obligation is payable only and solely from Community Development Block Grant (CDBG) funds appropriated from the United States Department of Housing and Urban Development (HUD) and for the purpose of this Contract. All funds are appropriated every fiscal year beginning July 1. In the event this Contract extends into the succeeding fiscal year and funds have not been appropriated, this Contract will automatically terminate as of June 30 of the current fiscal year. The CITY will notify the Contractor in writing in ten (10) days of receipt of the non -appropriation notice. CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 801524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the said amounts set forth in Article III hereof, and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS, In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of both State and Federal law with respect to the employment of unauthorized aliens. Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney's fees, incurred by the CITY in connection therewith. Furthermore, CONTRACTOR hereby represents and warrants that it is not currently, and has not at any time within the past five (5) calendar years been, suspended, debarred, or excluded from participating in, bidding on, contracting for, or completed any project funded in whole or in part by any federally funded program, grant or loan, or any project funded in whole or in part by a program, loan or grant from the State of California, and that CONTRACTOR currently has and for the past five (5) calendar years has maintained in good standing, a valid California contractors license. CONTRACTOR agrees to complete and execute any statement or certificate to this effect as may be required by the City or by any federal or State of California program, loan or grant utilized on this project. ARTICLE V CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued to said CONTRACTOR by the Director of Public Works of CITY and shall complete work on the PROJECT within forty (40) working days after commencement. ARTICLE VI CONTRACTOR shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, or sexual orientation in the performance of this AGREEMENT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. CONTRACTOR hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection 3 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO, 601524-12, HUD CODE: 03L, BID NO. P12-05, CIP NO. P12.05) therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney's fees, incurred by the CITY in connection therewith. ARTICLE VII CONTRACTOR is aware of and agrees to abide by the provisions of California Labor Code Sections 1720, et seq., as well as 1771, 1773, 1773.1, 1773.6, 1773.7, 1775 and 1776, pertaining to the obligation to pay prevailing wages with respect to the performance of work. Copies of the prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work for each craft are available upon request from the City. A copy of the prevailing rate of per diem wages shall be posted at the job site. If such posting is not possible, a copy shall be posted at the business of the CONTRACTOR. This is a federally -assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. ARTICLE VIII A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; 2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or, 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract. B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. C. CITY shall promptly investigate the reported conditions. If CITY, through its Director of Public Works, or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a 4 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO, 601524.12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, then CITY shall issue a change order. D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. ARTICLE IX CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising form the performance of the CONTRACTOR's work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility of negligence; provided (a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason for the aforesaid hold - harmless AGREEMENT because of the acceptance by CITY or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this AGREEMENT. (b) That the aforesaid hold -harmless AGREEMENT by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR, or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. ARTICLE X CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the contract price thereof conditioned upon the faithful performance of this contract and upon the payment of all labor and materials furnished in connection with this contract. ARTICLE XI CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall CONTRACTOR allow CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. (a) COMPENSATION INSURANCE CONTRACTOR shall take out and maintain, during the life of this contract, Worker's Compensation Insurance for all of CONTRACTOR's employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in work under this contract at the site of the PROJECT is not protected under any Workers' Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. (b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS/ COMPLETED OPERATIONS HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this contract such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR, and any subcontractor performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR's or any subcontractor's operations under this contract, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liabilitv Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (2) Products/Completed Operations Hazard Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (3) Comprehensive Automobile Liabilitv Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (4) Contractual General Liabilitv Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth hereinabove. 6 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO, P12-05, GIP NO. P12.05) (c) PROOF OF INSURANCE - The insurance required by this AGREEMENT shall be with insurers which are Best A rated, and California Admitted or better. The CITY of Temple City shall be named as "additional insured" on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of the contract. (d) NOTICE TO COMMENCE WORK - The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence work under this contact until CONTRACTOR has provided to the CITY the proof of insurance as required by subparagraph (c) of this article. ARTICLE XII If any dispute shall arise concerning this AGREEMENT, the prevailing party shall be entitled to attorney fees. ARTICLE XIII The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the PROJECT is not commenced and/or completed on or before the dates specified for commencement and completion of the PROJECT in the CONTRACT DOCUMENTS. The parties have considered the facts of a breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event such work is not begun and/or completed and accepted by the times so specified in the CONTRACT DOCUMENTS, the sum of Two thousand Three Hundred Dollars ($2,300) shall be presumed to be the amount of damages suffered by the CITY for each calendar day's delay in the starting and/or completion and acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of Two thousand Three Hundred Dollars ($2,300) as liquidated damages for each calendar day of delay in the starting and/or completing and acceptance of said PROJECT beyond the dates specified in the CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be done so in accordance with that certain edition of the Standard Specification for Public Works Construction currently in effect on the execution date of this Contract. CONTRACTOR NAME by President by Secretary CITY OF TEMPLE CITY, a corporation by Mayor by City Clerk CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO, 601524.12, HUD CODE: 03L; BID NO, P12-05, CIP N0, P12.05) ARTICLE XIV Upon completion of PROJECT and acceptance of same by the CITY Council, the CITY Manager shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Article III hereof; provided there have been no mechanics' liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work. ARTICLE XV This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without first obtaining the written consent of the CITY thereto. ARTICLE XVI The provisions of this AGREEMENT are cumulative and in addition to and not in limitation of any rights or remedies available to CITY. ARTICLE XVII This project is funded by Community Development Block Grant (CDBG) funds appropriated from the United States Department of Housing and Urban Development (HUD) and for the purpose of this Contract. The funds are appropriated by the Community Development Commission County of Los Angeles Los Angeles County. The following are additional contract provisions for compliance with the funding program requirements. In the event of conflict of this section with other sections of the contract, the more stringent section shall prevail: Breach and Termination Waiver by the CITY of any breach of this Construction Contract shall not constitute a waiver of any other breach or of any future breach. No payment made hereunder shall be construed to be an acceptance of defective work or improper materials. In addition to any right of termination reserved to the CITY, the CITY may terminate this Construction Contract or performance under this Construction Contract, if the Contractor is adjudged bankrupt, a receiver is appointed because of the Contractor's insolvency, or the Contractor makes a general assignment for the benefit of its creditors, fails to maize prompt payment to subcontractor(s), or for material or labor, persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, fails to construct the project in accordance with the Drawings and Specifications, or otherwise substantially violates any provision of the Contract Documents.. CITY of TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) CITY shall give the Contractor and his surety written notice prior to terminating this Construction Contract or performance under this Construction Contract, provided that the Contractor shall, upon receipt of such notice, immediately stop the installation of Improvements, or other permanent construction work encompassing part of the project. Upon termination, the CITY may take possession of the project and all materials, equipment, tools, and construction equipment and machinery owned by the Contractor and located at the project site, and may finish the project by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment under this Construction Contract. CITY shall not be deemed to have waived any of its other rights or remedies against the Contractor by exercising its right of termination under this Article. This Contract may be terminated by the CITY upon written notice to the Contractor for cause (failure to perform satisfactorily any of the Contract terms, conditions, and work items) with no liabilities incurred by the CITY upon termination or upon the occurrence of any of the following events: a. Continuing failure of the Contractor to perform any work required to be performed hereunder in a timely and good workmanlike manner, or Contractor is not properly carrying out the provisions of the Contract in their true intent and meaning, then in such case, notice thereof in writing will be served upon the Contractor; and should the Contractor neglect or refuse to provide a means for a satisfactory compliance with this Contract and with the direction of the Authority within the time specified in such notices, the CITY shall have the power to suspend the performance of this Contract by Contractor in whole or in part. b. Failure on the part of the Contractor to procure or maintain insurance required by this Contract shall constitute a material breach of contract upon which the CITY may immediately terminate this Contract. c. Should the Contractor fail within five (5) days to perform in a satisfactory manner, in accordance with the provisions of this Contract, or if the work to be done under said Contract is abandoned for more than three (3) days by the Contractor, then notice of deficiency thereof in writing will be served upon the Contractor. Should the Contractor fail to comply with the terms of said Contract within five (5) days, upon receipt of said written notice of deficiency, the Executive Director of the CITY shall have the power to suspend or terminate the operations of the Contractor in whole or in part. d. In the event that a petition of bankruptcy shall be filed by or against the Contractor. If, through any cause, the Contractor shall fail to fulfill, in a timely and proper manner, the obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the CITY shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor under this Contract shall, at the option of the CITY become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed. Termination for Improper Consideration: The CITY may, by written notice to Contractor, CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT N0.601524-12, HUD CODE; 03L; BID NO. P12-05, CIP NO. P12-05) immediately terminate the right of Contractor, to proceed under this Construction Contract if it is found that consideration, in any form, was offered or given by Contractor, either directly or through an intermediary, to any officer, employee or agent of the CITY with the intent of securing the Contract or securing favorable treatment with respect to the award, amendment or extension of the Contract or the making of any determinations with respect to the Contractor's performance pursuant to the Contract. In the event of such termination, the CITY shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by the Contractor. Contractor shall immediately report any attempt by any officer or employee of the CiTY to solicit such improper consideration. The Report shall be made to the Executive Director of the CiTY or the County Auditor -Controller's Employee Fraud Hotline 8001544-6861 _ Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or tangible gifts. Termination for Convenience. The CITY reserves the right to cancel this Contract for any reason at all upon thirty (30) days prior written notice to Contractor. In the event of such termination, Contractor shall be entitled to a prorated portion paid for all satisfactory work unless such termination is made for cause, in which event, compensation if any, shall be adjusted in such termination. Quality Assurance flan The CITY will evaluate Contractor's performance under this Contract on not less than a quarterly basis_ Such evaluation will include assessing Contractor's compliance with all Contract terms and performance standards. Contractor deficiencies which the CITY determines are severe or continuing and that may place performance of the Contract in jeopardy if not corrected will be reported to the CITY Council. The report will include improve mentfcorrective, action measures taken by the CITY and the Contractor. If improvement does not occur consistent with the corrective action measures, the CITY may terminate this Contract or seek other remedies as specified in this Contract. Contractor's Warrantv of Adherence to Countv's Child Support Compliance Program Contractor acknowledges that the County of Los Angeles, hereinafter referred to as "County", has established a goal of ensuring that all individuals who benefit financially from County or Authority through contract are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon County and its taxpayers. As required by Contractor's Child Support Compliance Program (County Code Chapter 2.200) and without limiting Contractor's duty under this Contract to comply with all applicable provisions of law, Contractor warrants that it is now in compliance and shall during the term of this Construction Contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). 10 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CPP NO. P12.05) Termination For Breach of Warrantv to Maintain Comolfance with Countv's Child Support Compliance Program Failure of Contractor to maintain compliance with the requirements set forth in Paragraph 9.1, "Contractor's Warranty of Adherence to County's Child Support Compliance Program" shall constitute a default by Contractor under this Contract. Without limiting the rights and remedies available to County and the Authority under any other provision of this Contract, failure to cure such default within ninety (90) days of notice by the Los Angeles County District Attorney shall be grounds upon which the Board of Commissioners may terminate this Contract pursuant to Article 7, "Breach and Termination". Post L. A.'s Most Wanted Parents List Contractor acknowledges that County places a high priority on the enforcement of child support laws and the apprehension of child support evaders. Contractor understands that it is County's policy to encourage all County and Commission contractors to voluntary post County's "L.A.'s Most Wanted: Delinquent Parents" poster in a prominent position at Contractor's place of business. District Attorney will supply Contractor with the poster to be used. Compliance with Laws The Contractor agrees to be bound by applicable federal, state and local laws, regulations, and directives as they pertain to the performance of this Agreement. This Agreement is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended by the Cranston -Gonzalez National Affordable Housing Act, 1990, and the 24 CFR Part 85. If the compensation under this Agreement is in excess of $100,000 then Contractor shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 18579h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR part 15). The Contractor must obtain and present all relevant state and local insurance, training and licensing pursuant to services required within this Agreement. Contractor shall comply with the following laws: Civil Riqhts Act of 1964. Title VI (Non-discrimination in Federallv Assisted Proorams) Title VI provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving f=ederal financial assistance. Section 109 of the Housing and Communitv Development Act of 1974 No person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Ape Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 11 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO, 601524-12, HUD CODE. 03L; BID NO. P12-05, CiP NO. P12-05) No person in the United States shall be excluded from participating in, be denied the benefits of, or be subjected to discrimination under this Contract on the basis of age or with respect to an otherwise qualified handicapped individual. Executive Order 11246 and 11375, Eaual O000rtunity in Emr)lovment (Nondiscrimination in Emplovment by Government Contractors. Subcontractors. and Contractors) During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination/rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided to the agency contracting officer, advising the labor union or workers' representatives of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulation and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required by the Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of the contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in the Executive Order and such other sanctions may be imposed and remedies invoked as provided in the Executive Order or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the provisions of these paragraphs in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of the Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided 12 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP N0. P12-05) however, that in the event the Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Section 3 of the Housing and Communitv Develooment Act of 1968, as Amended The contractor is required to make efforts to the greatest extent feasible, to provide opportunities for training and employment to low-income residents of the project area and to make efforts to provide contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from Complying with the Part 135 regulations. C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining Contract or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, 13 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12.05) termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Lobbvist Ordinances A. County Lobbyist Ordinance: Contractor and each County Lobbyist or Country lobbyist firm, as defined in Los Angeles County Code Chapter 2,160 (County Ordinance 93-0031), retained by the Contractor, shall fully comply with the requirements as set forth in said County Code. The Contractor must also certify in writing on the County Lobbyist Certification form that they are familiar with the Los Angeles County Code Chapter 2.160 and that all persons acting on behalf of the Contractor will comply with the County Code. Failure on the part of the Contractor and or Lobbyist to fully comply with the County Lobbyist requirements shall constitute a material breach of this Contract upon which the CITY may immediately terminate this Contract and the Contractor shall be subject to civil liability pursuant to Los Angeles County Code Chapter 2.160 (County Ordinance 93-0031) B. Federal Lobbyist Requirements: The Contractor is prohibited by the Department of Interior and Related Agencies Appropriations Act, known as the Byrd Amendments, and HUD's 24 CFR Part 87, from using federally appropriated funds for the purpose of influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment or modification of said documents. The Contractor must certify in writing on the Federal Lobbyist Requirements Certification form that it is familiar with the Federal Lobbyist Requirements and that all persons and for subcontractors acting on behalf of the Contractor will comply with the Lobbyist Requirements. Failure on the part of the Contractor or persons/subcontractors acting on behalf of the Contractor to fully comply with the Federal Lobbyist Requirements shall be subject to civil penalties. Access and Retention of Records The Contractor shall provide access to the CITY, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records of the Contractor which are directly pertinent to the specific Contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor is required to retain the aforementioned records for a period of five years after the grantee pays final payment and other pending matters are closed. 14 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP No. P12.05) ComDliance With Laws The Contractor agrees to be bound by applicable Federal, state, and local laws, regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended by the Cranston -Gonzalez National Affordable Housing Act, 1990, and the Code of Federal Regulations 24 CFR Part 85, The Contractor must acquire and present all relevant state and local insurance, training and licensing pursuant to services required within this Contract. Conflict of Interest The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venturer or shareholder (other than as a shareholder holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the CITY. Upon execution of this Contract and during its term, as appropriate, the Contractor shall disclose in writing to the CITY, any other contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the CITY interest and the interests of the third parties. Safetv Standards and Accident Prevention The Contractor shall comply with all applicable Federal, state and local laws governing safety, health and sanitation. The Contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, on his own responsibility, reasonably necessary to protect the life and health of employees on the job and the public and to protect property in connection with the performance of this Contract. Drug Free Workplace Act of the State of California The Contractor certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990. Copvright No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. All documents become the property of the CITY and the CITY holds all the rights to said data. Patent Rights The CITY will hold all the patent rights with respect to any discovery or invention which arises or is developed in the course of, or under this Contract. Notice to Emplovees Reqardinq the Federal Earned Income Credit Contractor shall notify its employees, and shall require each subcontractor to notify its 15 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524.12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015. Use of Recvcled-Content Paper Products Consistent with the CITY Council and/or County Board of Commissioners' policy to reduce the amount of solid waste deposited at the County landfills, the Contractor agrees to use recycled - content paper to the maximum extent possible on the project. Contractor Responsibility and Debarment A. A responsible contractor is a contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the policy of the County, the Commission and the CITY to conduct business only with responsible contractors. B. The Contractor is hereby notified that, in accordance with Chapter 2,202 of the County Code, if the County, which, as defined under Section 2.202.020, includes the CITY, acquires information concerning the performance of the Contractor on this or other contracts which indicates that the Contractor is not responsible, the County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County or CITY contracts for a specified period of time not to exceed 3 years, and terminate any or all existing contracts the Contractor may have with the CITY. C. The CITY may debar a contractor if the CITY Council and/or County Board of Commissioners finds, in its discretion, that the contractor has done any of the following: (1) violated any term of a contract with the County, the CITY, (2) committed any act or omission which negatively reflects on the contractor's quality, fitness or capacity to perform a contract with the County, the CITY or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County, the CITY or any other public entity. D. If there is evidence that the Contractor may be subject to debarment, the CITY will notify the Contractor in writing of the evidence, which is the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. E. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the Contractor may be deemed to have waived all rights of appeal. F. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the CITY Council and/or County Board of 16 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, GIP NO. P12.05) 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 -------- 17 CITY OF TEMPLE CITY PUBLIC WORKS CONTRACT THE ADA ACCESS RAMP AND SIDEWALK IMPROVEMENT CDBG FEDERAL FUNDED PROJECT (PROJECT NO. 601524-12, HUD CODE: 03L; BID NO. P12-05, CIP NO. P12-05) IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day of 201 by their respective officers duly authorized in that behalf. ATTEST: By: Peggy Kuo, City Clerk APPROVED AS TO FORM A Eric S. Vail, City Attorney 18 CITY OF TEMPLE CITY a Municipal Corporation ........................... Mayor CONTRACTOR Name: , a [state] [type of entity] By: EI Name and Title Secretary Attachment C CITY OF TEMPLE CITY PUBLIC HEARING NOTICE The public is invited to review the City of Temple City's amended 2012-2013 Community Development Block Grant (CDBG) Consolidated Plan (Action Plan) which identifies projected use of CDBG funds for the 2012-2013 Fiscal Year for the submission to the U.S. Department of Housing and Urban Development (HUD). CDBG funds must be used to achieve one of three identified national objectives. Specifically CDBG funds must be used to eliminate slum and blight conditions; assist low- and moderate -income households or address an urgent need. During the 2012-2013 fiscal year the City of Temple City will fund the following activities: Housing Rehabilitation Program ($299,015); Lead and Asbestos Testing and Removal Program ($75,000); ADA Access Ramp and Sidewalk Improvements ($384,000) and Youth Scholarship Program ($31,070). Notice is hereby given that the City Council of the City of Temple City will review and approve the use of CDBG funds for fiscal year 2012-2013 at their meeting of Juiy 17, 2012, at 7;30 p.m. in the City Council Chambers, located at 5938 Kauffman Avenue, Temple City. Any interested persons wishing to provide input on housing and community development as it relates to the use of the 2012-2013 CDBG funds may contact Adam Gulick in the Community Development Department at City Nall by phone (626) 285-2171. Written comments may also be submitted to Temple City, Community Development Department, Attention: Adam Gulick, 9701 Las Tunas Drive, Temple City, CA 91780. Comments will be received for a 30 -day period beginning July 2 through August 1, 2012. Peggy Kuo City Clerk Published: Temple City Tribune Date: July 2, 2012 Af-achment D � yy Z O rw N ---N .-i O O 6 O .-+ O O .-1 O O ti O O O I .'i O ,-Y O W .i O 4 •-i IX Q 4 4 •" O 6 N .-I +-I H O .-, O O O M W W o Q Q I o .y N N N q ."I O O H G1 O N .ti 9 O N N •-f O H r-1 •H Q N H rP N tf .i I O N O rP .'i N N N O iC O m 0 ' J Dro .' T ,S oZf o Z oa vJ w ob cE o2i n off i a 0 rd a v o otl c� ° v +� ; a m m a3 aG �w n °b a z .n v'r eb o2i Aea d m y a m yr E E t s A v v v 3 E E ~w a i C7 0 c7 Z '� O O � O O O 6 N n .Nw .M-! •R -r N N N N N N N r! rv�} N N N N �+Y W a LD 0 s .a. ♦ ,rr. S i `...�...;a saw.._n^.�--�-_^f'/� �,..u�.x .. lx di . � rxwM hY0 � � • i .moi � ....,ux," � r N .c � *']■■--ll. _t � r .3N1 • .Yrs b .. . !' . w, .. � *� 3. � o x urea.M°." j a 21 i n LU Attachment E NOTICE INVITING FORMAL SEALED BIDS City of Temple City ADA Access Ramp and Sidewalk improvement CDBG Federal Funded Project, Project No. 601524-12, HUD Code: 03L Bid No. P12-05 PUBLIC NOTICE IS HEREBY GIVEN that the City of Temple City invites sealed bids for the above stated project and will 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, October 9, 2012. The bids received will be publicly opened approximately 15 minutes after the bid submittal deadline in the City Council Chambers. This Notice Inviting Formal Sealed Bids will be advertised in a newspaper of general circulation, printed and published in the jurisdiction of the City of Temple City at least fourteen (14) calendar days before the bid opening date. A non -mandatory pre-bid meeting is scheduled at Temple City Council Chambers located at 5938 Kauffman Avenue, Temple City, CA 91780 at 11:00 AM, October 2, 2012 to answer any questions from prospective bidders and to explain the Federal Labor Standards Provisions, Section 3 Clause, and the prevailing wage requirements of the Davis -Bacon and Related Acts. While this is a non -mandatory pre-bid meeting, it is recommended that all prospective bidders attend the meeting to gain a good understanding of project standards, Section 3 and Federal Labor compliance requirements. Copies of the Plans, Specifications and contract documents can be obtained as follows: 1. To receive a pdf file send an e-mail request to: ali.cayir@transtech,org. A pdf file will be e-mailed at no cost. The bid information will also be available on the City's website at www.templecity.us/RFPs RFQs/RFQs.asp 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 Set for ADA Access Ramp and Sidewalk Improvement, Bid No. P12-05. 3. Hard copy can be mailed at a non-refundable cost of $100. To receive a hard copy via mail, mail a check in the stated amount to 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 Mailing Plan Set for ADA Access Ramp and Sidewalk Improvement, Bid No. P12-05 This is a HUD Section 3 construction contract. 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 bidder who provides a reasonable bid and commits to achieving the Section 3 employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan). This is a Federally -assisted construction project. Federal Labor Standards Provisions, including the prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq., and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices, including forfeitures and debarment. The estimated cost of this project is over $100,000, and therefore, this is a HUD Section 3 construction contract and all bidders must commit to employ low-income residents from the local community to achieve the Section 3 goals and to be considered a Section 3 responsive bidder. A bidder who is not responsive to Section 3 requirements shall be considered a non-responsive bidder to this Invitation for Bids. The City hereby notifies all qualified bidders that it will affirmatively insure that minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion or handicap in any consideration for an award. Attention is directed to the provisions of Section 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 allow discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, religion or handicap. The 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 Contractor, or subcontractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 15700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work's contract or subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted 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 accepted from a Contractor who has not been licensed in accordance with the provisions of the Business and Professions Code. The successful Contractor and his subcontractors will be required to possess business licenses from the City. The City reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of sixty (60) calendar days. Any contract entered into pursuant to this notice shall become effective or enforceable against the City of Temple City only when the formal written contract has been duly executed by the appropriate officers of the City. Total construction duration is 40 work days. THE CONTRACTOR SHALL COMPLETE THE WORK WITHIN 40 WORK DAYS OF THE EFFECTIVE DATE OF CITY'S NOTICE TO PROCEED WITH CONSTRUCTION. If there are any questions regarding this project, please contact in writing via e-mail: All Cayir, P.E ali.cayir@transtech.org Tel: 909-595-8599 Ext. 121 All inquiries must be submitted in writing. BY ORDER of the City of Temple City, California. Attachment F COUNTY OF LOS ANGELES AGREEMENT TO IMPLEMENT A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT WITH A GOVERNMENTAL AGENCY Operating Agency: Cl"1'Y OFTEMPLE CITY Contract Number: 106901 The Operating Agency is hereby authorized to implement the CDBG Project(s) identified below upon execution of this Agreement by the Operating Agency's authorized signatory. Said implementation shall be in full accordance Nvith the requirements, conditions, and assurances defined in the Contract Number 106901, between the Operating Agency and the County of Los Angeles. In addition. the Operating Agency agrees to comply with the following -- SCOPE OI-' SERVICE, The Plruject described in the Exhibit A(s). listed beltaty. shall be implemented. 2. TIME OF PERFORMANCE. Services are to commence as of October 10, 2012. and be completed no later than June 30. 2013. BUDGET SECTION. No more than the amounts specified in the Exhibit A's. listed below. may be spent. without written approval of the Community Development Commission of the County of Los Angeles. ProiectNo-PruicctName ,. moun{ 601524.12 AOA ACCESS RAMP AND SIDT'WAKK IMPROVEMENTS 5:84000 00 (`11Y OE TE91t'LE CTTY TOTAL. S384,000.00 Revised 4/12 City of Temple City Operating Agency Ptyllaly vyiw9l�.Y 5laran ihasun. Steven Mas�ra°�51nns,narF,.�Y.nwt,> mnn.nmssura�nmrnq�W I� 6b5 By: ease zo�z -e,o cs o.22 orcro Title: Revised 1/21104—gpa04-05 COUNTY OF LOS ANGELES By: &dj Title: Director. 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Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number 801860 Extract Date 10/10/2012 UNIQUE PERFORMANCE CONSTRUCTION INC Business Information Business Phone Number: (714) 528-2220 1329 N JEFFERSON STREET This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications B GENERAL BUILDING CONTRACTOR A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100153927 Bond Amount: $12,500 Effective Date: 03/12/2011 Bonding Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) KABANY MOUMTAZ certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 08/28/2008 BQI's Bond History WORKERS' COMPENSATION This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND 10/10/2012 ANAHEIM, CA 92807 Entity Corporation Issue Date 12/06/2001 Reissue Date 03/14/2005 Expire Date 03/31/2013 ACTIVE License Status This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications B GENERAL BUILDING CONTRACTOR A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100153927 Bond Amount: $12,500 Effective Date: 03/12/2011 Bonding Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) KABANY MOUMTAZ certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 08/28/2008 BQI's Bond History WORKERS' COMPENSATION This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND 10/10/2012 Workem Compensation Effective Policy N�rnber 040 cfrve safe: 050720 Expire Dafe. 1010712012 M/sce//a 10107 tnforrnat/on hs Workers' CO 12013 DATE m ehsation histo 0317412005 DFsCRIpT/dN LICENSE "�,E/SSUEQ T it O gNoTHER ENT/TY Con. COpyri � of use Ste erofc, Po/ic ornia 10/1012012 p'Rgc 2 Of -2 ZIOZIO1/0I •slinsai ou pauinjej yoaeas anoA 103 wv c ve z wz-43o-o 4 ;o se •aui `uoponajsuo:D 03uewaoPad enbiun : iassan jo E fqiIu3 `waI=l AS pepnlax3 slinsaa yoaeaS utalsFS IST -1 s0111ed PaPn[OXH I q Aoelly sida