HomeMy Public PortalAbout07) 9.A. CONTRACT AWARD ROSEMEADMANAGEMENT SERVICES DEPARTMENT
DATE: November 20, 2012
MEMORANDUM
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manage
By: Steve Masura, Director o ommunity Development
By: Kristi L. Twilley, Project Manager
AGENDA
ITEM 9.A.
SUBJECT: CONSTRUCTION CONTRACT AWARD FOR THE ROSEMEAD
BOULEVARD SAFETY ENHANCEMENT AND BEAUTIFICATION
PROJECT (ROSEMEAD BOULEVARD PROJECT)
RECOMMENDATION:
The City Council is requested to:
a) Deny the bid protest filed by Griffith Company;
b) Award the construction contract for the Rosemead Boulevard Safety Enhancement
and Beautification Project to Los Angeles Engineering (Attachment "A"); and
c) Authorize the City Manager to execute a Public Works Contract Agreement with Los
Angeles Engineering.
BACKGROUND:
1. On March 6, 2012, the City Council approved the plans and specifications
submitted by Gruen Associates and authorized staff to solicit construction bids for
the Rosemead Boulevard Project, pending approval of the Caltrans submittals also
required to progress into the construction phase of the project.
2. On July 31, 2012, Caltrans notified The City of Temple City that the Federal
Highway Administration, with issuance of the E-76 document, approved the
Rosemead Boulevard Project to proceed into the construction phase.
3. On August 17, August 22, August 24, and August 29, 2012, the bid notice was
published in the San Gabriel Valley Tribune, Pasadena Star News, and Temple
City Highlander informing potential bidders of the project. Vanir Construction
Management also began actively marketing the project to appropriately licensed
contractors and subcontractors via telephone, fax and email.
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November 20, 2012
Page 2
4. On September 5, 2012, a mandatory pre-bid conference was conducted and staff
presented the project and bidding requirements to all in attendance. Nine general
contractors (potential prime bidders) attended the pre-bid conference.
5. On October 6, 2012, the City Council approved a budget amendment of
$1,945,065 for the Rosemead Boulevard Project increasing the construction
project budget from $12,707,579 to $14,652,644.
6. On October 4, 2012, five bids were received and opened. Following is a bid
summary:
Contractor Name:
Los Angeles Engineering
Griffith Company
Excel Paving
Sully -Miller
USS Cal Builders
Total Bid:
$14,572,656.63
$15,662,859.89
$16,436,862.55
Not Read
Not Read
Comments:
DISQUALIFIED
lowest responsive
2nd lowest responsive
DISQUALIFIED
DISQUALIFIED
7. On October 16, 2012, the City Council rejected the October 41h bids because the
two responsive bidders (i.e., Griffith Company and Excel Paving) were over
budget, and reauthorized staff to rebid the project.
8. On October 19, October 23, and October 29, 2012, the notice for the rebid was
published San Gabriel Valley Tribune, Pasadena Star News, and Temple City
Highlander informing potential bidders of the new bid dates for the project.
(Attachment "B") Vanir Construction Management also began actively marketing
the project to appropriately licensed contractors and subcontractors via telephone,
fax and email.
9. On October 31, 2012, a mandatory pre-bid conference was conducted and staff
presented the project and bidding requirements to all in attendance. Eleven
general contractors (potential prime bidders) attended the pre-bid conference,
including all five bidders from the October 41h bid.
10. On November 6, 2012, the City Council approved a budget amendment of
$1,189,375 for the project thereby increasing the construction project budget from
$14,652,644 to $15,842,019.
City Council
November 20, 2012
Page 3
11. On November 8, 2012, six bids were received and opened. (Attachment "C")
Following is a bid summary:
Contractor Name:
Total Bid:
Number of
Comment:
Alternates:
Los Angeles Engineering
$15,773,914.50
13
Lowest responsive responsible
Griffith Company
$15,811,627.13
11
2 n lowest
Sully -Miller
$15,814,820.60
9
3f° lowest
All American Asphalt
$15,796,881.00
6
4o' lowest
Excel Paving
$15,758,517.92
4
5`" lowest
Minco
$17,624,046.11
0
6`" lowest
12. On November 13, 2012, Griffith Company sent a letter of formal protest to the City
stating that the bid from Los Angeles Engineering neither committed to the
established Disadvantaged Business Enterprise (DBE) goal nor showed that a
good faith effort was made to meet the DBE goal. (See Attachment "D")
13. On November 14, 2012, after careful review of Los Angeles Engineering's DBE
and Good Faith Effort submittals, the City's funding consultant, Avant -Garde,
provided a letter (see Attachment "E") stating that Los Angeles Engineering has
adequately satisfied the federal good faith effort requirement in lieu of meeting the
DBE percentage requirement thereby satisfying the requirements of the bidding
process.
14. On November 14, 2012, after reviewing the letter provided by Griffith Company,
the City Attorney recommended denial of the bid post filed by the Griffith Company
on the grounds that the apparent low bidder met the federal good faith effort
requirement and otherwise satisfied the requirements of the bidding process.
ANALYSIS:
Since Rosemead Boulevard was relinquished from state control to City jurisdiction in
March 2008, the City of Temple City has eagerly sought to improve the safety, the
multi -modal facilities, and access to businesses along Rosemead Boulevard. After a
thorough design process that began in December 2010, the final plans and
specifications were expedited through federal and local agency approvals in early 2012.
Project Overview
The Rosemead Boulevard Project is a safety enhancement and beautification
project that will establish consistency along the entire length of Rosemead
Boulevard (approximately 2 miles) from Callita Street (north) to the south side of
UPRR railroad tracks (south) in Temple City, California. The project will result in:
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November 20, 2012
Page 4
• removal and replacement of concrete sidewalks, construction of new
sidewalk, curb, and gutter (incidental under -sidewalk drain extensions);
• installation of new and reconfigured raised, irrigated, and landscaped
roadway medians;
• re -slope and reconfigure (as well as minor R&R—removing/relocating and
replacing) driveways and curbs to meet ADA requirements;
• install new, and reconfigure existing, traffic signals;
• install bicycle facilities;
• removal and reconstruction of AC pavement related to medians;
• street resurfacing;
• installation of new trees and landscaping as well as removal and
replacement of existing trees and landscaping;
• construction and installation of loop detectors, bus pads, new street
• lighting, street furnishings, decorative planters, retaining walls, entry
monuments, signage, and striping;
• construction of transit -stop improvements and seating nodes;
• signalization of two intersections;
• construction of other pedestrian and bicycle amenities;
• improvements at the cross street of Las Tunas Drive for up to 300 feet;
• improvements at the frontage road north of the UPRR tracks for up to
1,000 feet; and
• relocation of public utilities, as necessary.
Implementation of the Rosemead Boulevard Safety Enhancement and
Beautification Project will improve the safety and appearance of Rosemead
Boulevard between the north and south city limits, transforming Temple City's
segment of Rosemead Boulevard from a regional highway into a pedestrian
friendly corridor.
The Rosemead Boulevard Project will also enhance vehicular circulation on
Rosemead Boulevard through changes to some of the turning movement patterns,
approach lane changes, and signal control changes at several intersections along
the corridor.
The project will also enhance pedestrian, bicycle, and public transit circulation of
Rosemead Boulevard through the provision of new sidewalks, transit stop
improvements, bicycle facilities, and other pedestrian and bicycle amenities. The
provision for new trees and other landscaping along sidewalks and within new
medians, new street lighting, street furnishings, decorative planters, retaining
walls, entry monuments, and signage all of which will create visual consistency
along the length of Rosemead Boulevard and will enhance the appearance of
Rosemead Boulevard by providing consistent visual elements along the length of
the boulevard.
City Council
November 20, 2012
Page 5
Bid Process
Through public contract code procedures, bids were solicited from qualified
contractors. A total of six bids were received for the construction of the Rosemead
Boulevard Project. Five of the six bids were within the City established project
budget and range 5.8% from lowest to highest. The bid results show one clear
responsive low bidder: Los Angeles Engineering, with a bid of $15,773,914.50
inclusive of 13 additive alternates. See summary of bid results in Attachment "D".
The protest letter received from Griffith Company stated that the bid from Los
Angeles Engineering neither committed to the established Disadvantaged
Business Enterprise (DBE) goal nor showed that a good faith effort was made to
meet the DBE goal. However, after careful review of Los Angeles Engineering's
DBE and Good Faith Effort submittals, the City's funding consultant, Avant -Garde,
provided a letter stating that Los Angeles Engineering has adequately satisfied the
federal good faith effort requirement in lieu of meeting the DBE percentage
requirement thereby satisfying the requirements of the bidding process.
Staff, after investigating the licensure, bonding, insurance and other bid
requirements, has confirmed that Los Angeles Engineering is the lowest
responsive responsible bidder and notified the contractor of the City's intent to
award the project to them.
Staff recommends that the City Council award the construction contract to the lowest
responsive, responsible bidder, Los Angeles Engineering, and authorize the City
Manager to execute a Public Works Contract Agreement in a not to exceed amount of
$15,773,914.50.
CONCLUSION:
City Council approval of a construction contract with Los Angeles Engineering for the
Rosemead Boulevard Project will allow the City to move forward through the
transformation of a state highway to a safe, attractive, and comfortably accessed street
designed for travel by all users, including pedestrians, bicyclists, motorists and public
transport users of all ages and abilities.
FISCAL IMPACT:
The City Council as part of the Fiscal Year (FY) 2012-13 City Budget approved an
appropriation of $15,842,019 to complete the construction of the Rosemead Boulevard
Project. The remaining balance between the construction budget and the Contract to
Los Angeles Engineering of $68,104.50 will be used for project contingency.
City Council
November 20, 2012
Page 6
ATTACHMENT(S):
A. Approved Rosemead Boulevard Project Budget
B. Summary of Bid Results
C. Agreement between Los Angeles Engineering and City
D. Griffith Protest Letter
E. Avant -Garde Federal Compliance Letter
Temple City Rosemead Blvd Project Attachment A
SECTION 00350
AGREEMENTFORM
PUBLIC WORKS CONTRACT AGREEMENT
FOR ROSEMEAD BLVD SAFETY ENHANCEMENT AND BEAUTIFICATION
PROJECT
Federal Project Numbers CML -5365(007)
THIS AGREEMENT "Agreement" is made and entered into this _ day of , by and
between the City of Temple City, a charter city, located in the County of Los Angeles, State of
California hereinafter called City, and CONTRACTOR, Individual, located at
hereinafter called Contractor, collectively referred to as the
Parties.
Section 1. Recitals.
City issued a Notice Inviting Bids; bids to be submitted on or before for the following:
Rosemead Boulevard Safetv Enhancement and Beautification Proiect on Rosemead Boulevard in the
City of Temple City, California, hereinafter called "Project". On 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 responsible 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:
Section 2. Contract Documents. This Agreement consists of the following documents
("Contract Documents"), all of which are made a part of this Contract:
2.1 Notice Inviting Bids
2.2 Instructions to Bidders
2.3 Bid Proposal, as accepted, including the List of Subcontractors
2.4 Notice of Award
2.5 This Contract
2.6 Verification of California Contractor's License
2.7 Contractor's Certificate Regarding Workers' Compensation
2.8 Security for payment (labor and materials)
2.9 Security for performance
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2.10 Certificate(s) of Insurance
2.11 General Conditions/Specifications
2.12 Special Provisions
2.13 Plans and Standard Drawings
2.14 Standard Specifications for Public Works Construction aka "Greenbook"
2.15 Addenda Nos. [Insert N/A if none):
2.16 Other documents (list here): Form 1273
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. In the event of a discrepancy between the provisions
of the Contractor's documents and the City's documents, the City's documents take precedence with
respect to resolution of the discrepancy.
Section 3. The Work.
3.1 The work ("Work") to be performed by Contractor is described in the Contract
Documents.
3.2 In completing the Work, Contractor must employ, at a minimum, the applicable
generally accepted professional standards of its industry in existence at the time of
performance as utilized by persons engaging in similar work.
3.3 Except as specifically provided in the Contract Documents, Contractor must furnish,
at its sole expense, all of the labor, materials, tools, equipment, services and
transportation necessary to perform all of the Work.
3.4 Contractor must perform all of the Work in strict accordance with the Contract
Documents.
Section 4. Time to Perform the Work.
4.1 Time is of the essence with respect to Contractor's Work. Contractor agrees to
diligently pursue performance of the Work as specified by the Contract Documents.
4.2 Contractor will be excused from any delay in performance or failure to perform due
to causes beyond the control of Contractor. Such causes include, but are not limited
to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of
City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe
weather.
4.3 If Contractor is delayed by any cause beyond Contractor's control, City may, but is
not required to, grant a time extension for the completion of the Work. If delay
occurs, Contractor must notify City in writing within 48 hours of the cause and the
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extent of the delay and how such delay interferes with Contractor's performance of
the Work.
Section 5. Compensation and Pavment.
5.1 Subject to any limitations provided in the Contract Documents, City agrees to pay
Contractor for the faithful performance of all of the Work
5.2 Contractor must furnish City with an invoice for the Work performed in accordance
with the Contract Documents. Contractor may not submit invoices more often than
once every 30 days.
5.3 City will review each invoice and determine whether the Work performed is
accordance with the Contract Documents. The Director may require Contractor to
provide a release of all undisputed Agreement amounts contained in the invoice.
5.4 If City disputes any item on an invoice, City will give Contractor notice stating, the
reasons for the dispute. The Parties will meet and confer in good faith to attempt to
resolve the dispute.
5.5 Except as to any charges for the Work performed that the City disputes, City will
cause Contractor to be paid within 30 days of the date of the invoice or the date that
Contractor furnishes City with a release of all undisputed Agreement amounts,
whichever occurs later.
5.6 In the event there is any claim specifically excluded by Contractor from the operation
of any release, City may retain an amount not to exceed the amount of the excluded
claim.
5.7 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 from 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.
5.8 City shall retain ten percent (10%) of said contract price until said time as the
provisions of Section 208 herein have been met.
Section 6. Labor Code Reauirements.
6.1 Contractor acknowledges that under California Labor Code sections 1810 and
following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a
penalty to City the sum of $25.00 for each worker employed in the execution of this
Agreement by Contractor or any subcontractor for each calendar day during which
such worker is required or permitted to work more than 8 hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of Labor
Code section 1810. (Labor Code § 1813.)
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6.2 Copies of the determination of the Director of the Department of Industrial Relations
of the prevailing rate of per diem wages for each craft, classification or type of
worker needed to execute this Agreement will be made available upon request from
the Director's office at 9701 Las Tunas Drive, Temple City California 91780.
6.3 Contractor must post at the work site, or if there is no regular work site or posting is
infeasible at the work site, then at its principal office, for the duration of the Contract,
a copy of the determination by the Director of the Department of Industrial Relations
of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.)
6.4 Contractor, and any subcontractor engaged by Contractor, must pay not less than the
specified prevailing rate of per diem wages to all workers employed in the execution
of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with
Labor Code section 1776 relative to the retention and inspection of payroll records.
6.5 Contractor must comply with all provisions of Labor Code section 1775. Under
Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each
worker employed in the execution of the Agreement by Contractor or any
subcontractor for each calendar day, or portion thereof, in which the worker is paid
less than the prevailing rates. Contractor may also be liable to pay the difference
between the prevailing wage rates and the amount paid to each worker for each
calendar day, or portion thereof, for which each worker was paid less than the
prevailing wage rate.
6.6 Nothing in this Agreement prevents Contractor or any subcontractor from employing
properly registered apprentices in the execution of the Contract. Contractor is
responsible for compliance with Labor Code section 1777.5 for all apprenticeable
occupations. This statute requires that contractors and subcontractors must submit
contract award information to the applicable joint apprenticeship committee, must
employ apprentices in apprenticeable occupations in a ratio of not less than one
apprentice for each journeyman (unless an exception is granted under §1777.5), must
contribute to the fund or funds in each craft or trade or a like amount to the California
Apprenticeship Council, and that contractors and subcontractors must not
discriminate among otherwise qualified employees as apprentices solely on the
ground of sex, race, religion, creed, national origin, ancestry or color. Only
apprentices defined in Labor Code section 3077, who are in training under
apprenticeship standards and who have written apprentice contracts, may be
employed on public works in apprenticeable occupations.
Section 7. Federal Reauirements.
7.1 Notwithstanding any other provision of this Agreement, because the construction
work covered under this Agreement is financed in whole or in part with assistance
provided under a program of the U.S. Department of Transportation or some other
source of Federal funding, Contractor shall also comply with and cause its
subcontractors to comply with the requirements of the Davis -Bacon Act (40 U.S.C.
276 et seq.). The Davis -Bacon Act requires the payment of wages to all laborers and
mechanics at a rate not less than the minimum wage specified by the Secretary of
Labor in the periodic wage rate determinations. If Contractor is required to comply
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with the Davis -Bacon Act, Contractor shall pay the higher of Davis -Bacon Act or
state prevailing wages, on a trade -by -trade basis.
7.2 By entering into this Agreement and to the extent required by any source of Federal
funding for the construction work covered under this Agreement, Contractor certifies
that it is not a person or firm ineligible to be awarded Government contracts by virtue
of Section 3(a) of the Davis -Bacon Act. If any source of Federal funding for this
Agreement so requires, Contractor agrees to include, or cause to be included, the
above provision, to be applicable to contractors and subcontractors, in each contract
and subcontract for work covered under this Agreement. If no Federal funding for
this Agreement implicates Section 3(a) of the Davis -Bacon Act, the parties agree that
this Section 7.2 shall be of no force and effect.
7.3 Contractor shall comply with all mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
7.4 The City, the federal grantor agency, the Comptroller General of the Untied States, or
any of their duly authorized representatives shall have access to any books,
documents papers and records of the Contractor and any subcontractors which are
directly pertinent to this Agreement, for the purpose of making audit, examination,
excerpts and transcriptions. Contractor shall maintain all required records for three
years after City makes final payments and all other pending matters are closed.
7.5 Contractor shall comply with the Copeland "Anti -Kick Back" Act, 18 U.S.C. §874,
as supplemented in Department of Labor regulations. (29 C.F.R. part 3.)
7.6 Contractor shall ensure compliance with sections 103 and 107 of the Contract Work
Hours and Safety Standards Act, 40 U.S.C. §§ 327 — 33, as supplemented by
Department of Labor regulations. See 29 C.F.R. part 5.
7.7 Contractor and any subcontractors must comply with Executive Order 11246 as
amended by Executive Order 11375 and as supplemented in Department of Labor
regulations. (41 C.F.R. part 3.)
7.8 If the Compensation exceeds $100,000, Contractor shall comply with all applicable
standards, orders, or requirements issued under section 306 of the Clean Air Act,
Section 508 of the Clean Water Act, Executive Order 11738, and Environmental
Protection Agency (EPA) regulations, which prohibit the use under non-exempt
federal contracts, grants or loans of facilities included on the EPA List of Violating
Facilities. (See e.g. 47 C.F.R. §18.36(1)(12).)
Section 8. DBE Reauirements. DBE Requirements for this project is subject to Title 49, Code
of Federal Regulations Part 26 (49 CFR26) entitled "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance
Programs." In order to ensure Caltrans achieves its federally mandated statewide
overall DBE goal, the City of Temple City encourages the participation of
Disadvantaged Business Enterprises (DBEs), and Underutilized Disadvantaged
Business Enterprises (UDBE) as defined in 49 CFR 26 in the performance of
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contracts financed in whole or in part with Federal Funds. The Contractor shall not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of subcontracts. Bidders shall be fully informed in respect to the
requirements of the DBE Regulations. The DBE and UDBE Regulations in their
entirety are incorporated herein by this reference. See Form FHWA 1273 in the
Federal -Aid Requirements Section of this Specification.
Section 9. Federal Trainee & On The Job Trainine Requirements. On -the -Job Training for
this project is subject to 23 U.S.0 140, a goal of 7 trainees has been determined for
the duration of this project. The Contractor shall take all necessary and reasonable
steps to ensure that minorities and women have the opportunity to compete for and
participate as trainees or apprentices, but not exclude anyone. Shall the contractor not
be able to meet the OJT objectives, direct recruitment efforts must be documented to
show an effort must. On -the -Job Training provisions costs are reimbursed by the
FHWA in accordance with the Federal Requirements. Please reference FR4-FR5.
Section 10. Non -Discrimination.
10.1 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 to the extent
required by the funding for the work performed under this Agreement 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.
10.2 Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and,
in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this 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.
10.3 Contractor and any subcontractors shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this Agreement. Contractor shall carry
out applicable DBE requirements for this Project as subject to Title 49, Code of
Federal Regulations Part 26 entitled "Participation by Disadvantaged Business
Enterprises in Department of Transportation Financial Assistance Programs." Failure
by Contractor to carry out these requirements is a material breach of this Agreement,
which may result in the termination of this Agreement or such other remedy as City
deems appropriate. In order to assist the California Department of Transportation in
achieving its federally -mandated statewide overall Disadvantaged Business
Enterprises ("DBE") goal, City encourages the participation of DBEs, as defined in
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49 CFR 26, in the performance of contracts financed in whole or in part by federal
funds. The DBE Regulations are incorporated herein by reference. See Form FHWA
1273 in the Federal Aid Requirements section of the bid documents.
Section 11. General Legal Comuliance.
11.1 In performing the Work, Contractor must comply with all applicable statutes, laws
and regulations, including, but not limited to, OSHA requirements and the Temple
City Municipal Code.
11.2 Contractor must, at Contractor's sole expense, obtain all necessary permits and
licenses required for the Work, and give all necessary notices and pay all fees and
taxes required by law, including, without limitation, any business license tax imposed
by City.
11.3 Contractor must maintain a valid California Contractor's License throughout the term
of this Contract.
Section 12. Clavton and Cartwright Act Assignments. In entering into this Agreement or a
contract with a subcontractor to supply goods, services, or materials pursuant to this
Agreement for the Project, Contractor and any or subcontractor is deemed to have
offered and agreed to assign to City 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. Sec. 15) or under
the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division
7 of the California Business and Professions Code), arising from purchases of goods,
services, or materials for the Project. This assignment will be deemed made and will
become effective at the time City tenders final payment to Contractor, without further
acknowledgement by the Parties.
Section 13. Hazardous waste and unknown conditions.
13.1 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:
13.1.1 The presence of any material that the Contractor believes is hazardous waste,
as defined in Section 25117 of the Health and Safety Code;
13.1.2 Subsurface or latent physical conditions at the site differing from those
indicated in the specifications; or,
13.1.3 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.
13.2 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.
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13.3 City shall promptly investigate the reported conditions. If City, through its Director
or director's designee, and in the exercise of its sole discretion, determines that the
conditions do materially differ, or do involve hazardous waste, and will cause a
decrease or increase in the Contractor's cost of, or time required for, performance of
any part of the work, then City shall issue a change order.
13.4 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.
Section 14. Indenendent Contractor. Contractor is and will at all times remain as to City a
wholly independent contractor. Neither the City nor any of its officers, employees, or
agents will have control over the conduct of Contractor or any of Contractor's
officers, employees, agents or subcontractors, except as expressly set forth in the
Contract Documents. Contractor may not at any time or in any manner represent that
it or any of its officers, employees, agents, or subcontractors are in any manner
officers, employees, agents or subcontractors of City.
Section 15. Warrantv & Guarantee
15.1 New Materials. Contractor guarantees that all materials and equipment furnished will
be new unless otherwise specified in the Contract Documents.
15.2 One Year Guarantee. Contractor guarantees all materials and equipment furnished
and Work performed for a period of one (1) year from the date of substantial
completion is free from all defects due to faulty materials or workmanship.
Contractor shall promptly make such corrections as may be necessary by reasons of
such defects including the repairs of any damage to other property, whether real or
personal. The City will give notice of observed defects with reasonable promptness.
If Contractor fails to make such repairs, or other Work that may be made necessary
by such defects, the City may do so and charge the Contractor the cost thereby
incurred, plus 10% for administrative expenses. The Performance Bond shall remain
in full force and effect through the guarantee period. Contractor shall execute the
Public Improvement Warranty attached hereto and incorporate hereon by this
reference as Attachment "A."
Section 16. Bonds. Contractor shall provide a payment bond consistent with the terms of this
section and City may not waive this requirement. Contractor shall also provide a
performance bond consistent with the terms of this section, unless City waives such
requirement in writing. Each bond shall (1) be in writing; (2) signed by at least one
admitted surety insurer under oath; (3) if a bond is signed by more than one surety
insurer, include a statement that the sureties are jointly and severally liable on the
obligations required hereunder; (4) list the address at which the principal and
surety/sureties may be served with notices, papers, and other documents under this
chapter; (5) be in the form of a bond and not in a deposit in lieu of a bond; (6) be
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consistent with any other requirements of the City that reasonably relate to a
guarantee that the project will be completed at no cost to the City.
16.1 Pavment Bond. Contractor shall fiunish and file with City a bond in the sum of one
hundred percent (100%) of the Compensation. Consistent with Civil Code § 3248,
the bond shall provide that if the Contractor or any subcontractors hired by
Contractor fails to pay (1) any of the persons named in Civil Code § 3181; (2)
amounts due under the Unemployment Insurance Code with respect to work or labor
performed under this Agreement; or (3) for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages
of employees of the contractor and subcontractors pursuant to Unemployment
Insurance Code §13020 with respect to the work and labor that the sureties will pay
for the same, and also, in case suit is brought upon the bond, a reasonable attorney's
fee, to be fixed by the court. The bond shall, by its terms, inure to the benefit of any
of the persons named in Civil Code § 3181 so as to give a right of action to those
persons or their assigns in any suit brought upon the bond. The bond provided under
this section shall be released by written authorization of the City Manager at the
completion of the one year warranty period described in section 15.2, above,
provided that Contractor is not in default on any provision of this Agreement.
16.2 Performance Bond. Contractor before commencing said Project, shall provide City
with a bond in the sum of one hundred percent (100%) of the Compensation
conditioned upon the faithful performance of this Agreement and to guarantee the
completion of the Work, to protect City if Contractor is in default of this Agreement,
and to secure Contractor's one-year guarantee and warranty. The City Council may,
in its sole and absolute discretion and upon recommendation of the City Manager,
partially release a portion or portions of the security provided under this section as the
Public Improvements are accepted by City, provided that Contractor is not in default
on any provision of this Agreement. All security provided under this section shall be
released at the end of the warranty period described in section 15.2, above, provided
that Contractor is not in default on any provision of this Agreement.
Section 17. Indemnification.
17.1 Contractor agrees to indemnify, defend and hold harmless City from and against, any
and all liabilities, claims, actions, causes of action, proceedings, suits, damages,
judgments, liens, levies, costs and expenses of whatever nature, including reasonable
attorneys' fees and disbursements (collectively, "Claims"), which City may suffer or
incur or to which City may become subject by reason of or arising out of any injury
to or death of any person(s), damage to property, loss of use of property, economic
loss or otherwise occurring as a result of any negligent or willfully wrongful acts or
omissions of Contractor, its officers, employees, agents, or subcontractors committed
in performing any Work under this Contract.
17.2 If any action or proceeding is brought against City by reason of any of the matters
against which Contractor has agreed to indemnify City as provided above, City need
not have first paid for any of the matters to which City is entitled to indemnification
in order to be so indemnified.
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17.3 For the purposes of this section, "City" includes City's officers, officials, employees
and agents.
17.4 The provisions of this section do not apply to Claims occurring as a result of the
City's sole negligence or willful acts or omissions.
17.5 In the event of any Claim made against City, City may, in its sole discretion, reserve,
retain or apply any funds due to Contractor under this Agreement for the purpose of
resolving such Claim.
17.6 The provisions of this section will survive the expiration or earlier termination of this
Agreement.
Section 18. Insurance. Contractor shall not commence work under this Agreement until
Contractor shall have obtained all insurance required by the Contract Documents and
such insurance shall have been approved by City as to form, amount and carrier, nor
shall Contractor allow any subcontractor to commence work on any subcontract until
all similar insurance required of the subcontractor shall have been so obtained and
approved.
18.1 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
Agreement 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.
18.2 Comprehensive General Liabilitv, Products/ Completed Operations Hazard,
Comprehensive Automobile Liabilitv and Contractual General Liabilitv Insurance.
Contractor shall take out and maintain during the life of this Agreement 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:
18.2.1 Public Liabilitv Insurance in an amount of not less than One Million Dollars
($1,000,000);
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18.2.2 Products/Completed Operations Hazard Insurance in an amount of not less
than One Million Dollars ($1,000,000);
18.2.3 Comprehensive Automobile Liabilitv Insurance in an amount of not less than
One Million Dollars ($1,000,000);
18.2.4 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.
18.3 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.
18.4 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.
18.5 Failure to Maintain Reauired Insurance. If Contractor, for any reason, fails to have in
place at all times during the term of this Agreement all of the required insurance
coverage, the Director may obtain such coverage at Contractor's expense and deduct
the cost from the sums due Contractor.
18.6 Effect of Coverage. The existence of the required insurance coverage under this
Agreement will not be deemed to satisfy or limit Contractor's indemnity obligations
under this Contract. Contractor acknowledges that the insurance coverage and policy
limits set forth in this Agreement constitute the minimum coverage and policy limits
required. Any insurance proceeds available to City in excess of the limits and
coverage required by this Contract, and which is applicable to a given loss, must be
made available to City to compensate it for such losses.
Section 19. Liquidated Dama¢es. 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 Agreement and have agreed that the liquidated
damages set forth in Section 00800. Special and SuvDIementary Conditions, is
reasonable as liquidated damages in the event of a breach, and that said amounts 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. Any and all such liquidated damages assessed shall be done so
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in accordance with that certain edition of the Standard Specification for Public Works
Construction currently in effect on the execution date of this Contract.
Section 20. Notice of ComDletion. Upon completion of Project and acceptance of same by the
City Council, the City Clerk 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 Section 5; 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.
Section 21. Compliance with Department of Transportation Subcontractor and DBE
Requirements. On May 20, 2009, the City and the California Department of
Transportation entered into an implementation agreement that allows the City to
receive certain United States Department of Transportation funds. Because
Department of Transportation funds are being used for the Project, City and
Contractor hereby agree to the following:
21.1 Prompt Proeress Pavment to Subcontractors. The Contractor and any subcontractors
shall be timely paid as set forth in Section 7108.5 of the California Business and
Professions Code, which requires a prime contractor or subcontractor to pay any
subcontractor not later than 10 days of receipt of each progress payment, unless
otherwise agreed to in writing. Any delay or postponement of payment over 30 days
may take place only for good cause and with the City's prior written approval. Any
violation of Section 7108.5 shall subject the violating Contractor or subcontractor to
the penalties, sanctions, and other remedies of that Section. This requirement shall
not be construed to limit or impair any contractual, administrative, or justice remedies
otherwise available to the Contractor or any subcontractor in the event of a dispute
involving late payment or nonpayment by the Contractor, deficient subcontractor
performance, and/or noncompliance by a subcontractor. These requirements apply to
both DBE and non -DBE subcontractors.
21.2 Prompt Pavment of Withheld Funds to Subcontractors. Based on City's withholding
of retainage pursuant to Sections 5 and 18 of this Agreement, City shall hold
retainage from Contractor but and provide for prompt and regular incremental
acceptances of portions of the work performed under this Agreement, and shall pay
Contractor based on the acceptances. Contractor is obligated to pay any retainage
owed to subcontractors for satisfactory completion of accepted work within 30 days
after receipt of City funds attributable to that work. Contractor shall pay
subcontractors in full within 10 days of receipt of City funds and Contractor shall be
made whole at the completion of the entire Project by the retainage payment provided
for in Sections 18 and 5.8. For purposes of this retainage payment, a subcontractor's
work is deemed to be satisfactorily completed when all tasks called for in the
subcontract have been accomplished and documented as required by City. The work
of a subcontractor covered by that acceptance is deemed to be satisfactorily
completed, when City has made an incremental acceptance of a portion of the
contract work, as per 49 CFR 26.29. This regulation also requires that any delay or
postponement of payment among the parties may take place only for good cause,
must have the prior written approval of the agency, and that appropriate means of
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enforcement such as those contained in Section 7108.5 of the California Business and
Professions Code must be included in the contract.
Section 22. Notice.
22.1 All written notices required or permitted to be given under this Agreement will be
deemed made when received by the other Party at its respective address as follows:
To City: City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
Attention: Steve Masura
(Tel.) 626-285-2171
(Fax) 626-309-9352
To Contractor: (Contractor name)
(Contractor address)
(Contractor contact name)
(Contractor phone #)
Notice will be deemed effective on the date personally delivered or transmitted by
facsimile. If the notice is mailed, notice will be deemed given three days after
deposit of the same in the custody of the United States Postal Service, postage
prepaid, for first class delivery, or upon delivery if using a major courier service with
tracking capabilities.
22.2 Any Party may change its notice information by giving notice to the other Party in
compliance with this section.
Section 23. Termination
23.1 Except as otherwise provided, City may terminate this Agreement at any time with or
without cause. Notice of termination will be in writing.
23.2 Contractor may terminate this Agreement upon providing written notice to City at
least thirty (30) days before the effective termination date, or, if within twenty-nine
(29) days of the effective termination date, if it provides fifteen (15) days written
notice of circumstances beyond the control of Contractor.
23.3 Should the Agreement be terminated pursuant to this Section, City may procure on its
own terms services similar to those terminated.
23.4 By executing this document, Contractor waives any and all claims for damages that
might otherwise arise from City's termination under this Section.
23.5 If City takes over the Work as provided in this Section, City may, without liability for
so doing, take possession of, and utilize in completing the Work, such materials,
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appliances, plant, and other property belonging to Contractor as may be on the site of
the Work and necessary for the completion of the Work.
Section 24. Proiect Documents. All data, drawings, maps, models, notes, photographs, reports,
studies and other documents (collectively, "Project Documents") prepared, developed
or discovered by Contractor in the course of performing any of the Work under this
Agreement will become the sole property of City. Upon the expiration or termination
of this Contract, Contractor must turn over all original Project Documents to City in
its possession, but may retain copies of any of the Project Documents it may desire.
Section 25. General Provisions.
25.1 Authoritv to Execute. Each Party represents and warrants that all necessary action
has been taken by such Party to authorize the undersigned to execute this Agreement
and to bind it to the performance of its obligations.
25.2 Assignment. Contractor may not assign this Agreement without the prior written
consent of City, which consent may be withheld in the City's sole discretion since the
experience and qualifications of Contractor were material considerations for this
Contract.
25.3 Binding Effect. This Agreement is binding upon the heirs, executors, administrators,
successors and permitted assigns of the Parties.
25.4 Integrated Contract. This Agreement, including the Contract Documents, is the
entire, complete, final and exclusive expression of the Parties with respect to the
Work to be performed under this Agreement and supersedes all other agreements or
understandings, whether oral or written, between Contractor and City prior to the
execution of this Contract.
25.5 Modification of Agreement. No amendment to or modification of this Agreement
will be valid unless made in writing and approved by Contractor and by the City
Council or City Manager, as applicable. The Parties agree that this requirement for
written modifications cannot be waived and that any attempted waiver will be void.
25.6 Counteroarts and Facsimile Signatures. This Agreement may be executed in several
counterparts, each of which will be deemed an original, and all of which, when taken
together, constitute one and the same instrument. Amendments to this Agreement
will be considered executed when the signature of a party is delivered by facsimile
transmission. Such facsimile signature will have the same effect as an original
signature.
25.7 Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement
will not constitute a waiver of any other term, condition, or covenant. Waiver by any
Party of any breach of the provisions of this Agreement will not constitute a waiver
of any other provision, or a waiver of any subsequent breach or violation of any
provision of this Contract. Acceptance by City of any Work performed by Contractor
will not constitute a waiver of any of the provisions of this Contract.
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25.8 Internretation. This Agreement will be interpreted, construed and governed according
to the laws of the State of California. Each party has had the opportunity to review
this Agreement with legal counsel. The Agreement will be construed simply, as a
whole, and in accordance with its fair meaning. It will not be interpreted strictly for
or against either party.
25.9 Severability. If any term, condition or covenant of this Contract is declared or
determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement will not be affected and
the Agreement will be read and construed without the invalid, void or unenforceable
provision.
25.10 Venue. In the event of litigation between the parties, venue in state trial courts will
be in the County of Los Angeles. In the event of litigation in a U.S. District Court,
venue will be in the Central District of California, in Los Angeles.
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THE UNDERSIGNED AUTHORIZED REPRESENTATIVES of the Parties have executed
this Agreement as follows:
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
CITY:
CITY OF TEMPLE CITY, a charter law city
by
Jose E. Pulido, City Manager
CONTRACTOR:
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by
Print Name
Officer Title (President, VP)
by
Print Name
Officer Title (Treasurer, Secretary)
Temple City Rosemead Blvd Project
ATTACHMENT A
PUBLIC IMPROVEMENTS WARRANTY
P08-11
On , 20_, the City of Temple City ("City") accepted as complete and
meeting the standards of City, the following public improvement(s):
built and constructed by
("Contractor")
Contractor hereby warrants and guarantees the aforementioned public improvements as to the material
used and workmanship performed for a period of one (1) year following the date set forth above.
In the event of a defect, malfunction, or failure to conform t the improvement specifications and all
applicable local standards, the Contractor shall repair or replace said improvements at Contractor's own
and sole expense within a reasonable time from notice of the defect from City. Should Contractor fail to
cure any defect within a reasonable period of time, Contractor agrees to reimburse City for any and all
costs of City's efforts to cure any defect once City has provided notice to the Contractor of the defect and
the City's intent to cure such defect.
Should litigation be necessary to enforce the provisions of this warranty, the prevailing party shall be
entitled to reimbursement for attorneys' fees and court and related costs.
Executed at California, on the day and year first written above.
CONTRACTOR
[NOTARY REQUIRED]
LA #4851-2633-6261 v1 12/9/09
1% -
am
MM
Its:
ma
In
Its:
Signature
(Typed Name)
Title
Signature
(Typed Name)
Title
Temple City Rosemead Blvd Project
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Attachment B
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City Council of the City of Temple City, hereinafter referred to as "CITY", Is
calling for and will receive sealed bids for the award of a contract for the project referenced below.
CITY: City of Temple City
BID NO.: P08-11-06.29.12, Federal Project Numbers CML -5365(007)
PROJECT NAME: Rosemead Boulevard Safety Enhancements and Beautification Project
PROJECT DESCRIPTION: The project consists of strestscape enhancements on Rosemead Boulevard to
Improve safety and aesthetics within the Temple City right-of-way over approximately 2 miles of road, from the
southern city limit with the City of Rosemead at the UPRR railroad bridge, to the northern city limit with the County of
Los Angeles at Callita Street. Project features may Include: sidewalks, asphalt pavement, landscaping, curb ramps,
transit stops, sealing nodes, trees, landscaped medians, street lighting, pedestrian lighting, underground utility
improvements, decorative crosswalks, city entry and exit signs, traffic signals, traffic sign posts, business signs,
billboards, public art, and related site work. A portion of the work is required to be done at night only.
This Is a federally assisted contract. Federal Labor Standards Provisions and prevailing wage requirements of the
Davis -Bacon and Related Acts, as well as the California Prevailing Wage Law, will be enforced, In the event of a
conflict between the Federal and State wage rates, the higher of the two will prevail. This project Is subject to Title 49,
Code of Federal Regulations Part 26 (49 CFR 25) entitled "Participation by Disadvantaged Business Enterprises In
Department of Transportation Financial Assistance Programs." The City of Temple City's Annual Anticipated DBE
Participation Level Is 9.58%.
MANDATORY PRE-BID CONFERENCE: 1:00 p.m. on Wednesday, October 31, 2012
City Hall, City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Contact: Kristi Twflley, Project Manager
Tel.: (626) 285-2171 ext. 2329
Prime Contractors are required to sign In at the pre-bid meeting. Failure to comply with attendance and sign -in
requirements will result in Bidder's proposal being found non-responsive to the required procedures.
DAY/DATE/TIME FOR SUBMITTAL OF BIDS: 1:00 p.m. on Thursday, November 8, 2012
LOCATION FOR SUBMITTAL OF BIDS: City Hall, City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Attn: Peggy Kuo, City Clerk
Tel.: (626) 285-2171 ext. 2317
All bids shall be made only on the forms presented by the City. Bids will be received, opened and read publicly in the
Community Room at the address above.
SELECTION OF CONTRACTOR: A responsible bidder who submits the lowest bid as determined In accordance with
Public Contracts Code Section 20103.8(c) as described below shall be awarded the contract for the Project, If a
contract Is awarded. The City reserves the right to reject all bids. The selection of the Contractor will be based on
the total of the Base Bid and Allowance with the most Additive Alternates included, taken In order as listed in
the project documents, without exceeding the City's Project budget. The estimated cost of the Project Is
$14,650,000. The Project budget will be announced prior to the opening of the first bid at the location and time posted
above. Prospective bidders shall follow the bidding instructions In the Instructions to Bidders, Section 00100 of these
Specifications. Failure of any prospective bidders to follow the bid Instructions as specified shall constitute sufficient
grounds for Immediate rejection of the bid,
PLANS and SPECIFICATIONS: Project Documents are available for viewing online at both the City's website:
http:/twww.tomplecity.us/Rosemead%2081vd/Environmental_Docs.asp and at A&I Reprographics' website:
http://dfs.aandirepro.00m and clicking on the Public Project tab. To obtain the project documents please contact A &
I Reprographics at 1.800-233-8435 or email your requests to bfd@aandirepro.com.
CONTRACTOR'S LICENSE CLASSIFICATION REQUIRED: A
ADVERTISED: October 19, 23, and 29, 2012 In the San Gabriel Valley Tribune, Pasadena Star News, and Temple
City Highlander
Project: Rosemead Blvd Safety Enhancements and Beautification Project
Bid No. P08-11-7.31,12
Federal Project No, CML -5365(007)
ADDENDUM `A'
MILASTUNAa DaIVE • TEMPL OnV • CAUMMNIA917062WY • (00P. }¢171
Schedule, where unit costs are entered, Is required only for federal funding
reimbursement purposes and will not be used as a basis for selection. Bidders are
responsible for including all plan Items and quantities in their lump sum bids.
No. 002: Protect Budeet
The estimated cost for this project is $14,650,000. The City's project budget will be announced
right before the bids are opened.
No. 003: OC/OA
Contractor Is solely responsible for Quality Control. City, or appointed City Representative, is
responsible for Quality Assurance.
No. 004: Boundary Plan iCB sheets) Note 1
Note 1 on the Boundary Plan sheets (CB Sheets); "improvements on adjacent properties". This
work will be done by others.
No. 005: Shoot C8117 Clouds
On sheet CB117, there are two clouded areas on the west side of the street, part of Addendum
A In the Issued for Bid (IFS) set. This is the way to track changes in the set for Caltrans funding.
No. 006: Bid Schedule
This is a lump sum bid, but the Bid Schedule pages with the quantities must be turned In with
the bid,
No. 007: Gradine and Pavement Plan Call Outs
The call -out notes for the Grading/Pavement plans (sheets SP301-CP122) can be found In the
Construction Notes on C101,
No, DOB: DBE Goal
The DBE Goal for this project Is 9.58%. If the contractor is committing to the DBE goal then
Exhibit 15-G should be completed and submitted with their bid. If the goal will not be
achieved, the contractor must demonstrate Good Faith Efforts conducted as outlined In
Exhibit 12-E Attachment I of the Federal Provision section of the Specifications. The UDBE goal
does not apply to this project. Please see refer to Item 6.03 referenced above in this
addendum.
Rosemead Blvd Project—Addendum `A' —October 22, 2012 Page 5 of 16
Local Assistance Procedures Manual
PS&E Cheddlil Instructions
EXHIBIT 12-E
Attachment I
Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner;
1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer,
2. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
3. Only fees, commissions, and .charges for assistance in the procurement and delivery of materials or
supplies count if obtained from a DBE that is neither a manufacturer, nor a regular dealer. 49 CFR 26,55
defines "manufacturer" and "regular dealer,"
You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful
function as defined in 49 CFR 26.55,
DBE Commitment Submittal
Submit DBE information on the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G
form, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book
before submitting your bid.
If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the
3rd low bidder must complete and submit the DBE Commitment form to the Agency, DBE Commitment form
must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening.
Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency
requests you to submit a DBB Commitment foray submit the completed form within 4 business days of the
request,
Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation
with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DHE is
participating in the contact,
If you do not submit the DBE Commitment form within the specified time, the Agency finds your bid
nonresponsive.
Good Faith Efforts Submittal
If you have not met the DBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H
form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts
directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not
submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 4th business day after
bid opening.
If your DBE Commitment form shows that you have met the DHE goal or if you are required to submit the DBE
Commitment form, you must also submit good faith efforts documentation within the specified time to protect
your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met.
OB 12.04 130 Page 12-39
June 29, 2012
EXHIBIT 12-E
Attachment I
Local Assistance Procedures Manual
PS&E Checklist Instructions
Good faith efforts documentation must include the following information and supporting documents, as
necessary:
1. Items of work you have trade available to DBE firms. Identify those items of work you might otherwise
perform with its own forces and those items that have been broken down into economically feasible units
to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total
contract, It is your responsibility to demonstrate that sufficient work to meet the goal was made available
to DBE firma,
2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items
of work offered. Describe the methods used for following up initial solicitations to determine with
certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such
as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other
evidence of solicitation, You are reminded to solicit certified DBEs through all reasonable and available
means and provide sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available. Include name,
address, and telephone number of each DHE that provided a quote and their price quote. If the firm
selected for the item is not a DBE, provide the reasons for the selection,
4. Name and date of each publication in which you requested DBE participation for the project Attach
copies of the published advertisements,
5. Names of agencies and dates on which they were contacted to provide assistance in contacting,
recruiting, end using DBE firms. If the agencies were contacted in writing, provide copies of supporting
documents.
6. List of efforts made to provide interested DBEs with adequate information about the plans,
specifications, and requiromcats of the contract to assist them in responding to a solicitation. If you have
provided information, identify the name of the DBE assisted, the nature of the information provided, and
date of contact. Provide copies of supporting documents, as appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary
equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor
purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you,
identify the name of the DBE assisted, nature of the assistance offered, and date. Provide copies of
supporting documents, as appropriate.
S. Any additional data to support demonstration of good faith efforts.
The agency may consider DBE commitments of the 2' and 3id bidders when determining whether the low bidder
made good faith efforts to meet the goal.
Page 12.40
June 29, 2012 1 01912-04
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Attachment C
CORPo ATEOFFICE
3050 E Birch Street
Brea, CA 92821
1714[ 984-5500
Pax [714) 8544754
CENTRAL REGION
1128 Cerner Parkway Ave
Bakersfield, CA 93308
1661] 392-6640
Fax (6611393-9525
SOUTRERNREGION
12200 Bloomfield Ave
Sante Fe Springs, CA 90670
(5621929-1128
Fax 1562] 804-8970
STR,u NRE DMSIOR
3050 E Birch Street
Brea, CA 92821
17141984-5500
Fax [714] 854-0227
UNDEROROONO DMSION
3050 E Birch St met
Brae, CA 92821
[7141 984-5500
Fax 1714) 854-0226
LANOSCAPEDsewch
12200 Bloomfield Ave
Santa Fe Springs, CA 90670
[562[ 929-1126
Fax [5621863-3486
CONCRETE DMSION
12200 Bloomfield Ave
Santa Fe Springs, CA 90670
15621929-1128
Fax [5621664-8970
ww�r raofifrIhcompenv. net
Contractors
License #E8
City of Temple City
9701 Las Tunas Drive
Temple City, CA 92780
Attn: Kristi Twilley
Attn: Ms. Twllley
Attachment D
GRIFFITH
COMPANY
November 13, 2012
Re: Rosemead Boulevard Safety Enhancements and Beautification Project
Bid No. P08-11-7.31-12, Federal Project No. CML -5365(007)
Subj: Los Angeles Engineering Protest Letter
Under section "2-1.02 Disadvantaged Business Enterprise (DBE)", Los Angeles
Engineering failed to meet the DBE goal and has yet to submit the DBE commitment
submittal form. As specified on page 12-39, under section "DBE Commitment Submittal",
"If you do not submit the DBE Commitment form within the specified time, the Agency
finds your bid nonresponsive." Los Angeles Engineering also did not turn in Exhibit 12-G,
Bidder's List of Subcontractors (DBE and Non -DBE) — Part II, which is to be a part of the
bid documents due on or before the bid due date and time. Therefore, Griffith Company
protests Los Angeles Engineering's bid, apparent low, as incomplete and neither
committing to the DBE goal nor showing that it made a good faith effort to meet that goal.
As stated on Addendum 'A', item No. 008, "The DBE goal for this project is
9.58%", which Griffith Company surpassed with a DBE percentage of 17% which was
stated at bid time. The section under, "Good Faith Efforts Submittal" as shown on page
12-40 states, "The Agency may consider DBE commitments of the 2nd and 3`d bidders
when determining whether the low bidder made good faith efforts to meet the goal."
Accordingly, please reject Los Angeles Engineering's bid and consider such second and
third bidders, awarding to Griffith Company as the responsible bidder with the lowest
responsive bid.
Considering this is a federally funded project, Los Angeles Engineering made a
zero percent commitment and Griffith Company achieved the goal with an additional
7.42% beyond what was requested by the Agency, we are asking that Griffith Company
be considered as the lowest responsible bidder.
You prompt attention and response to this matter is greatly appreciated.
Sincerely,
KriAuk6rman U '
Southern Regional Manager
GRIFFITH COMPANY
cc: Jaimie Angus, Executive Vice President
Ronald Pierce, Attorney at Law
Griffith Company is an equal opportunity employer and an employee -owned company.
AVANT
G A R D E
November 13, 2012
Jose Pulido, City Manager
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Re: Rosemead Boulevard Safety and Enhancement and Beautification Project
Federal Project Number: CML -5365(007)
Dear Mr. Pulido:
Attachment E
We have conducted our review of the federal bid portion of the proposal submitted by Los
Angeles Engineering (LAE) on November 8, 2012 and concluded the following:
On November 8, 2012, LAE submitted the required federal forms except for the
following:
o DBE commitment Form, Documentation of Good Faith Efforts and Bidders List of
Subcontractors Form Part II.
On November a and Nov 13a' follow up emails were sent requesting the above
mentioned documents. In accordance with the federal provisions of the specifications,
the information should be received by the City no later than 4:00 p.m. on the 4"'
business day after the bid opening.
On November 9, 2012, LAE submitted documentation of their Good Faith Efforts.
On November 13, 2012, LAE submitted the Bidders List of Subcontractors Form Part II.
It should be noted the Bidders List of Subcontractors Form Part II is required to be
submitted with the bid. However, we recommend that the City deem this as a minor
irregularity as identified in the specifications since it does not affect the integrity of the
bid or the bid price.
• On November 14, 2012, LAE submitted the DBE commitment Form.
In accordance with the federal provisions of the specifications all documentation was
submitted within 4 business days of the bid opening. In addition, we have confirmed
that the contractor and its listed subcontractors are not on the Excluded Parties list.
3670 W. Temple Ave. #278, Pomona, CA 91768
tel: 909.979.6589 • fax: 909.979.6580 • www.avant-garde-inc.com
AVANT
G A R D E
Review of Good Faith Efforts Documentation:
Based on the information submitted by LAE, we find that the contractor conducted
adequate Good Faith Efforts as outlined in the federal provisions of the specifications
Exhibit 12-E Attachment I. The contractor received three (3) quotes from DBE firms. The
contractor has indicated that they rejected the quotes from the DBE firms because they
received quotes from non-dbe firms that were lower in price. In accordance with federal
regulations, contractors are not required to accept higher quotes from DBE firms if the
price difference is excessive or unreasonable. It should be noted that there are no set
thresholds on what is considered to be excessive or unreasonable. Attached is the list of
quotes provided by LAE.
At this time, we request that the City Attorney review and advise if they concur with our
findings. If you have any questions or need additional information, please feel free to contact
me directly at 909.979.6587.
Sincerely,
Ussette Caileros
Funding Consultant for the
City of Temple City
Attachments:
Exhibit 12-E Attachment I
List of quotes provided by LAE
cc: Vanir Construction Management
3670 W. Temple Ave. #278, Pomona, CA 91768
tel: 909.979.6589 • fax: 909.979.6580 • www.avant-garde-inc.com
EXHIBIr 12-E
Attachment I
Local Assistance Procedures Manual
PS&E Checklist Instructions
Good faith efforts documentation must include the following information and supporting documents, as
necessary:
1. Items of work you have made available to DBE firms. Identify those items of work you might otherwise
perform with its own forces and those items that have been broken down into economically feasible units
to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total
contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available
to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items
of work offered. Describe the methods used for following up initial solicitations to determine with
certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such
as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other
evidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available
means and provide sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available. Include name,
address, and telephone number of each DBE that provided a quote and their price quote. If the firm
selected for the item is not a DBE, provide the reasons for the selection.
4. Name and date of each publication in which you requested DBE participation for the project. Attach
copies of the published advertisements.
S. Names of agencies and dates on which they were contacted to provide assistance in contacting,
recruiting, and using DBE £urns. If the agencies were contacted in writing, provide copies of supporting
documents.
6. List of efforts made to provide interested DBEs with adequate information about the plans,
specifications, and requirements of the contract to assist them in responding to a solicitation. If you have
provided information, identify the name of the DBE assisted, the nature of the information provided, and
date of contact. Provide copies of supporting documents, as appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary
equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor
purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you,
identify the name of the DBE assisted, nature of the assistance offered, and date. Provide copies of
supporting documents, as appropriate.
8. Any additional data to support demonstration of good faith efforts.
The agency may consider DBE commitments of the 2n' and 3r' bidders when determining whether the low bidder
made good faith efforts to meet the goal.
Page 12-40
June 29, 2012 OB 12-04
D. Los Angeles Engineering, Inc. rejected the following certified DBE firm, because we received a quote
from another firm that was lower in price.
FENCING: Ace Fence Company $36,414.00
727 North Glendora Avenue
La Puente, CA 91744
(626)333-0727
ELECTRICAL: Lincoln Pacific $3,363,280.40
4501 Littlejohn Street
Baldwin Park, CA 91706
(626)960-7738
Los Angeles Signal Construction $4,766,517.05
155 N. Eucla
San Dimas, CA 91773
(909)599-2201
Los Angeles Engineering, Inc. selected the following firm to perform work.
FENCING: Alcorn Fence Co. $25,593.00
9901 Glenoaks Blvd.
Sun Valley, CA 91352
(818)983-0650
ELECTRICAL: C.T. & F., Inc. $3,071,258.95
7228 Scout Avenue
Bell Gardens, CA 90201
(562)927-2339
Electronic Code of Federal Regulations:
[64 FR 5126, Feb. 2, 1999, as amended at 68 FR 35556, June 16, 2003]
Appendix A to Part 26—Guidance Concerning Good Faith
Efforts
li.=
I. When, as a recipient, you establish a contract goal on a DOT -assisted contract, a bidder must, in order
to be responsible and/or responsive, make good faith efforts to meet the goal. The bidder can meet this
requirement in either of two ways. First, the bidder can meet the goal, documenting commitmerds for
participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder
can document adequate good faith efforts. This means that the bidder must show that it took all
necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their
scope, Intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient
DBE participation, even if they were not fully successful.
Il. In any situation in which you have established a contract goal, part 26 requires you to use the good
faith efforts mechanism of this part. As a recipient, it is up to you to make a fair and reasonable judgment
whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to
consider the quality, quantity, and Intensity of the different kinds of efforts that the bidder has made. The
efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the
bidderwere actively and aggressively trying to obtain DBE participation sufficient to meet the DBE
contract goal. More pro forma efforts are not good faith efforts to meet the DBE contract requirements.
We emphasize, however, that your determination concerning the sufficiency of the firm's good faith
efforts is a judgment call: meeting quantitative formulas is not required.
III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e. ,
obtain a specified amount of DBE participation) in order to be awarded a contract, even though the
1 bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring
bona fide good faith efforts.
IV. The following is a list of types of actions which you should consider as part of the bidder's good faith
efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is It intended to be
exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.
A. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings,
•- advertising and/or written notices) the interest of all certified DBEs who have the capability to perform
the work of the contract. The bidder must solicit this interest withins to allow the DBEs to
respond to the solicitation. The bidder must determine with certain if the DBEs are interested by taking
appropriate steps to follow up initial solicitations.
B. Selecting portions of the work to be performed by DBEa in order to increase the likelihood that the
DBE goals will be achieved. This includes, where appropriate, breaking out contract work hems into
economically feasible units to facilitate DBE participation, even when the prime contractor might
otherwise prefer to perform these work hems with its own forces.
O. Providing interested DBEs with adequate information about the plans, specffications, and
requirements of the contract In a timely manner to assist them in responding to a solicitation.
D. (1) Negotiating in good faith with interested DBEs. It is the bidders responsibility to make a portion of
the work available to DBE subcontractors and suppliers and to select those portions of the work or
material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE
participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of
DBEs that were considered; a description of the information provided regarding the plans and
specifications for the work selected for subcontracting; and evidence as to why additional agreements
could not be reached for DBEs to perform the work.
2
() A bidder us;m g good business judgment would consider a number of factors in negotiating with
subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as
contract goals into consideration. However, the fact that there may be some additional costs Involved in
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Electronic Code of Federal Regulations:
finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE
goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform
the work of a contract with its own organization does not relieve the bidder of the responsibility to make
good faith effortsfPOrne contractors are not, however,. required to accept higher quotes from DBEs if the
p cedifference is excessive or uhreasonabTe. — -
E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of
their capabilities. The contractor's standing within its Industry, membership in specific groups,
organizations, or associations and political or social affiliations (for example union vs. non-union
employee status) are not legitimate causes for the rejection or non -solicitation of bids in the contractor's
efforts to meet the project goal.
F. Making efforts to assist interested DBEs In obtaining bonding, lines of credit, or Insurance as required
ry the recipient or contractor.
L
G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or
related assistance or services.
H. Effectively using the services of available minority/women community organizations; minority/women
contractorsgroups; local, state, and Federal minority1women business assistance offices; and other
organizations as allowed on a case-by-case basis to provide assistance in the recruitment and
placement of DBEs.
V. In determining whether a bidder has made good faith efforts, you may take into account the
performance of other bidders in meeting the contract. For example, when the apparent successful bidder
fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether,
with additional reasonable efforts, the apparent successful bidder could have met the goal. If the
apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation
obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the
apparent successful bidder having made good faith efforts.
Appendix B to Part 26—Uniform Report of DBE Awards or
Commitments and Payments Form
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