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HomeMy WebLinkAboutID# 14-482 Award Agreement for Public Works Construction for ADA Sidewalk Senior Center Project No. 4424CI "rY OF ice. LADE 9 LSINOKE -� � Daf;n�M EX7xi:Ntr� REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: MARCH 10, 2015 SUBJECT: AWARD THE AGREEMENT FOR PUBLIC WORKS CONSTRUCTION FOR THE ADA SIDEWALK SENIOR CENTER, PROJECT NO. 4424 Recommendation Award the Construction Contract for the ADA Sidewalk Senior Center Sidewalk Project to Southwest Construction Co. Inc., in the amount of $111,420. Allocate a total construction budget of $139,275 (includes an approximate 25% construction contingency of $27,555). 2. Authorize the City Manager to execute the contract with Southwest Construction Co., Inc., in the amount of $111,420, and authorize the City Manager to execute contract amendments not to exceed $139,275. 3. City Council approve the Agreement for Public Works Construction in substantially the form attached and authorize the City Manager to execute the Agreement in such final form as approved by the City Attorney. 4. Authorize the Public Works Director to record the Notice of Completion once he determines the work is complete, accepts the improvements into the City's maintained system, and releases the retention to Southwest Construction Co. Inc., if no claims are filed against the project. Background On July 12, 2011, the City Council entered into a Joint - Recipient Cooperation Agreement (Metropolitan Cities Agreement) with the County of Riverside. Participation in the Joint - Recipient Cooperation Agreement enables the City of Agreement for Public Works Construction for ADA Sidewalk Senior Center CIP Project No. 4424 March 10, 2015 Page 2 Lake Elsinore to receive the portion of funds allocated by HUD. On September 9, 2012 staff prepared and submitted a Community Development Block Grant (CDBG) Program Application to the County of Riverside Economic Development Agency for the ADA Sidewalk Senior Center Sidewalk Project. Consequently, the grant application was approved by the Economic Development Agency for construction. Currently, the Riverside Transit Authority's public transportation bus stop located at the Senior Center on Lakeshore Drive serves the seniors visiting the Senior Center. The existing bus stop is situated at much higher elevations than the Senior Center and as a result, the existing sidewalk pathway has an average running slope of 12% and poses some challenges to the seniors. Construction of an American Disabilities Act (ADA) sidewalk ramp from the existing RTA bus stop to the Senior Center area would benefit many seniors and citizens. The project includes but is not limited to site clearing /grubbing, site grading, installation of storm drain pipes and appurtenances, construction of a new ADA accessible pathway ramp with hand rails, concrete sidewalk, erosion control measures to protect the surrounding areas, and other related improvements. Staff determined that the proposed project is categorically exempt from the California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Paragraph F of Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines because the construction of ADA Improvements at the Senior Center consists of the addition of safety or health protection devices for use with existing structures and facilities at the Senior Center. On January 31, 2015, Contractor bids were solicited and received on March 3, 2015. Discussion Contractor bids were opened publicly on March 3, 2015 at 2:00 p.m. The City received nine (9) bids from qualified contractors. The bid results of four (4) low bidders are summarized below: Contractor (Bidder) Location Bid Amount 1. Southwest Construction Co. Inc Fallbrook, CA $111,420 2. Act 1 Construction, Inc. Norco, CA $116,000 3. Northstar Development & Construction Rancho Cucamonga $135,300 4. IVL Contractors, Inc. Rialto, CA $136,784 Agreement for Public Works Construction for ADA Sidewalk Senior Center CIP Project No. 4424 March 10, 2015 Page 3 Staff tabulated and verified all bids and determined Southwest Construction Co. Inc., to be the lowest responsible bidder. The project is expected to begin construction in March /April 2015. Fiscal Impact Funding for this project has been allocated under the City's CIP adopted budget for the Fiscal Year 2014/2015. The funding sources will be primarily from Fund 150 CDBG funds and Fund 117 Community Center DIF funds. Currently, there are sufficient funds to complete the project. Prepared by: Deepak Solanki Consultant Project Manager Approved by Walter Allison, P.E. City Engineer Vince Damasse, P.E. Director of Public Works Approved by Jason Simpson D {rector Adiministrative Services Department Approved by: Grant Yates City Manager Attachments: Agreement for Public Works Construction Vicinity Map AGREEMENT FOR PUBLIC WORKS CONSTRUCTION Southwest Construction Co. Inc. ADA Senior Center Sidewalk, Project No. 4424 This Agreement for Public Works Construction ( "Agreement') is made and entered into as of March 10, 2015, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Southwest Construction Co. Inc., a corporation ( "Contractor "). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Project and Project Documents. Contractor agrees to construct the following public improvements ( "work ") identified as: ADA Senior Center Sidewalk Project CIP Project No. 4424 (the "Project'). The City- approved plans for the construction of the Project, which are incorporated herein by reference and prepared by City, are identified as: ADA Senior Center Sidewalk The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above - listed documents are made a part of this Agreement as though fully set forth herein. 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being One Hundred Eleven Thousand Four Hundred Twenty dollars ($111 420). b. 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 prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. C. Contractor agrees to receive and Bidder's Proposal as full compensation for furnishing all fulfilling all obligations hereunder. Such compensation Page 1 accept the prices set forth in the materials, performing all work, and shall cover all expenses, losses, damages, and consequences arising out of the nature of 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 Project 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. 3. Completion of Work a, Contractor shall perform and complete all Work within Fifty (sn) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the Citv within three (3) (working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. (:itv anti Contractor reco —i e that time is of the essence III 'the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Two Hundred Fifty dollars ($250) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Contractor. Any change to the work shall be by way of a written instrument ( "change order ") signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work; Page 2 b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The Director of Public Works is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one - hundred percent (100 %) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non - Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 3 Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. I. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Contractor shall require each, subcontractor to similarly maintain \A.Iorker" ComPe Mine. Insurance `.__.. .. -_:::: __.... .,..........� maintain ....:.w:., ....: :r...,:ouuci uioui ai we and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used either the general aggregate limit Shall I fel to th work to be y.. „yy�,.yate Im: apply Sep2r2 `y' 2 V✓O. 1 v performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form 1 .^.nn -I i,.Va "'881 ) ,.. insurance �. vv lc . i u 1 uI Insurance Services Office fUml number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may be attached limiting the coverage. iv. Builder's Risk Coverage. Prior to the commencement of any construction of the Project, Contractor shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder's risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). V. Professional Liability Coverage [if applicablel. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or Page 4 omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. I. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self - Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. Page 5 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Southwest Construction Co, Inc. Attn: David Simon 2909 Rainbow Valley Blvd. Fallbrook, CA 92028 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12. Amendments. This Agreement may he modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 17. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing Page 6 party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement. The Director of Public Works shall act as the Project administrator on behalf of the City. 20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22. Prevailing Wages. a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Page 7 Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. C. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and Certain nofiCa8 yarn li, 14 Of the f I- +aOtI, lain Ing +.. +L..i. L T el—e- pe14P 11 l Illy lU 11.G11 IUUaIIVII. I IIC statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site or the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other re 4irongntg may obtained fro„ he State Director { Industrial Relations or +n. om the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 21 Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 9 "CONTRACTOR" Southwest Construction Co. Inc., a Contractor By: Its: By: Its: EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 BIDDER'S PROPOSAL PROJECT NO. 4424 ADA SIDEWALK SENIOR CENTER SIDEWALK PROJECT TO THE HONORABLE MAYOR AND CITY COUNCIL of the City of Lake Elsinore, California This Proposal has been submitted to the: Location: City Clerk, Mailing Location: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Time: 2:00 p.m. Date: March 3, 2014 City Clerk, City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 2. Accompanying this Bidder's Proposal is cash, a cashiers check, certified check, or Bidder's Bond, as the case may be, payable to the City of Lake Elsinore in the amount of ($ 10% ), (figures) which is equal to at least ten percent (10 %) of the total amount of bid, pursuant to the Provisions of Section 20171 of the Public Contract Code. 3. In compliance with the Notice Inviting Bids, the undersigned as Bidder hereby proposes to furnish all materials, equipment and all other labor and methods and do all things necessary for the proper construction and completion of the work, in strict and complete accord with the Agreement, Special Provisions (which includes the General Provisions and Technical Provisions), Plans, Specifications, and other Contract Documents now on file in the Public Works Department of the City of Lake Elsinore at the prices set forth in the Bid Schedule herein for the work generally described for the said project. 4. The undersigned as Bidder, hereby declares that he or she has carefully examined the location of the proposed work generally described above and is familiar with the Special Provisions, Plans, Specifications and local conditions at the place the work is to be done and also understands that all labor, materials and equipment to be furnished, shall be for the prices bid, and that the undersigned has also checked figures set forth hereinafter in the Bid Schedule and understands that neither the City of Lake 'Elsinore, nor any officer or employee therefore will be responsible for any misunderstandings, errors or omissions on the part of the undersigned in submitting this Proposal 5. The complete Contract includes all of the Contract Documents as if set forth in full herein, to wit, the Agreement, any and all Contract Change Orders issued after the execution of the Agreement, any and all addenda issued prior to the opening of the Bids, the Special Provisions, the Project Plans, the Standard Plans, the Standard Specifications, Reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non-Collusion Affidavit, Certification Regarding Debarment and Suspension, Certification of Non- segregated Facilities, Contractors Certification of Federal Contract Requirements, Work Force Profile, Certification of Equal Employment Opportunity, Federal provisions and requirements, Prevailing Wage Rates, any other Federal Certifications, documentation and reports as required, the Faithful Performance Bond, the Labor and Material Payment Bond and insurance, all of which are essential parts of this Contract. NIB -4 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 6. The undersigned further agrees that failure to execute and file the Agreement or to file the required Faithful Performance Bond, Labor and Materials Payment Bond, or Insurance Certificates (amounting to a minimum of $2,000,000 for comprehensive general liability and a minimum of $1,000,000 for automobile liability) to the City within fourteen (14) calendar days after the date of the receipt of the contract shall be sufficient cause for the annulment of the Award with forfeiture of the Proposal guarantee pursuant to the provisions of Section 20172 of the Public Contract Code. 7. The undersigned further agrees to furnish to the City a "Faithful Performance Bond" and "Labor and Materials Bond," executed by a responsible corporate Surety, authorized to issue such Surety Bonds in the State of Califorria and secured through an authorized agent with an office in California. Such Bonds shall be for one- hundred percent (100 %) of the total Contract price. Bonds shall be issued by a Surety who is listed in the latest revision of U.S. Department of Treasury Circular 570. 8. The undersigned as Bidder hereby agrees that if he or she fails to obtain proper and adequate licensing for the Award of Contract, it shall constitute a failure to execute the Contract and shall result in the forfeiture of the Proposal guarantee pursuant to Section 20103.5 of the Public Contract Code. 9. In submitting a bid, the Bidder certifies to the City that he /she has trained his /her employees and subcontractors, if any, for Urban Runoff management and included sufficient sums in the bid price to cover such costs of said training (Regional Water Quality Control Board Order No. R8- 2002 -0011, NPDES No. CAS 618033 (Municipal Separate Storm Sewer System NPDES Permit), Section XI.I). The Contractor is responsible for all clean up and payment of all fines levied as a result of any illegal discharge (as defined in said NPDES permit) occurring as a result of the Contractor's work and /or operations. 10. If the Bidder is making a change on the Bidder's Proposal prior to submission of the bid, the Bidder is to line through the existing script, add the revision, and initial. 11. In submitting the bid, if the Bidder's Proposal transferred to another Bidder; the Bidder's proposal shows any alterations of form, additions not called for, conditional or alternative bids uncalled for, or failing to provide required information except as allowed by law, the bid will be considered non - responsive and will be rejected. 12. The Bidder shall set forth for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the product of the unit price multiplied by the estimated quantity for the item. 13. In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, except however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or if it is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total" column, or in the case of lump sum items, is not the same amount as the entry in the Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: (a) As to the lump sum items, the amount set forth in the "Total" column shall be the same amount in the unit price column. Lump sum items are considered to be a unit of one. (b) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. NIB -5 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 14. The Bidder shall also set forth in clearly legible figures the "Total Bid Amount" in the spaces provided at the bottom of the Bid Schedule. 15. In case of discrepancy between the calculated sum of the "Total Cost" column and the number representing the cumulative total of the bid items, the calculated sum of the "Total Cost" column shall prevail over the number representing the cumulative total of the bid items. 16. The City reserves the right to reject any and all Bids and to waive any irregularity or informality in any Bid to the extent permitted by law. IT In submitting the Bid, the Bidder offers and agrees that if the Bid is accepted, the Bidder shall guarantee that all work performed under this Contract fully meets the requirements there of, as to quality of workmanship and materials furnished, for a period of one year from the date of acceptance of the work by the City Council, 18. In submitting the Bid, the Bidder offers and agrees that if the Bid is accepted, notwithstanding any state or local laws and regulations, all Federal laws and regulations shall be adhered to. In case of conflict between Federal, state, or local laws or regulations, the strictest shall be adhered to. 19. In submitting the bid, the bidder is aware that this is a public works project requiring payments of prevailing wage rates Federal or State whichever is the higher prevailing wage rate. Certified Payrolls are required to be submitted weekly by the Contractor, subcontractor(s), and owner operator. Contract payments will be withheld for delinquent or inadequate Certified Payrolls (LC 1771.5). 20. The proposed Contractor and the subcontractor(s) shall complete and execute the "Certification Regarding Debarment and Suspension, (Title 49, Code of Federal Regulations, Part 29) HUD -2992 and submit with the Bid. 21. The Bidder shall complete, execute, and submit the "Disclosure of Lobbying Activities, Form LLL," with the Bid. 22. Along with the Bid, the Contractor shall submit the "Contractors Certification on Federal Contract Requirements" to certify complete understanding of the diversified Federal requirements imposed on the Contractor(s) of HUD - funded construction projects. 23. RECEIPT OF ADDENDA NO(S)w t e F126 19 ,�15 IS HEREBY ACKNOWLEDGED. PROPOSAL MAY BE REJECTED IF ANY ISSUED ADDENDA IS NOT ACKNOWLEDGED. 24. The Bidder >014 1H W C -151 CC)N1&TRLiCa:1 ®N CO. [MC. (Contractors Name) isa (Individual, partnership, or corporation) If corporation, incorporated under the laws of the State of If an individual, state individual's name. If a partnership, state names of all individuals, co- partners, composing the firm. If a corporation, state names of president, secretary, treasurer and chief executive officer thereof. If the Bidder fails to provide the requested information, the bid will be considered non - responsive and will be rejected. 111.3•] EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 25. Questionnaire Regarding Bidder Because this project is federally funded, it is necessary to obtain information concerning type of ownership participation for statistical purposes, for the U.S. Department of Housing and Urban Development (HUD). (a) [ ]_ Female (b) X Male Number of years engaged in the contracting business under present business name ?2 e . 26. The Bidder understands that if he or she fails to specify a subcontractor or if a bidder specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one half of one percent (0.5 %) of the bidder's total bid, the bidder shall be deemed to have agreed to perform such portion himself or herself, and that he or she shall not be permitted to sublet or subcontract that portion of the work except as may be duly consented to by the City pursuant to the provisions of Section 4107, of the Public Contract Code (FCC 4106). 27. The Bidder understands that circumvention by a general contractor who bids as a prime contractor of the requirement under Section 4104 for him or her to list his or her subcontractors, by the device of listing another contractor who will in turn sublet portions constituting the majority of the work covered by the prime contract, shall be considered a violation of Chapter 4 "Subletting and Subcontracting" starting with Section 4100 of the Public Contract Code and shall subject that prime contractor to the penalties set forth in Section 4110 and 4111 of the Public Contract Code (PCC 4105). 28. In compliance with the provisions of the Public Contract Code, Section 4104, the undersigned Bidder herewith sets forth the name and location of the place of business of each subcontractor also will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one -half of one percent (0.5 %) of the prime Contractor's total bid, or in the case of Bids for the construction of streets, highways, including bridges, in excess of one -half of one percent (0.5 %) of the prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. The Bidder shall not list more than one subcontractor for the same portion of work. All additional information required by ,the City regarding any subcontractor who the Bidder is required to list under the Provisions of Sections 4104 and 4107 of the Public Contract Code, other than the subcontractor's name and location. (city) of business or State Contractor's License number, may be submitted by the Bidder up to 24 hours after the deadline time and date for receipt of Bids. Failure to timely provide all required subcontractor information shall result in the Bid being determined non- responsive. NIB -7 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 CITY OF LAKE ELSINORE BIDDER'S PROPOSAL - BID SCHEDULE PROJECT NO, 4424 ADA SIDEWALK SENIOR CENTER SIDEWALK PROJECT BIDDER: 5OUTIAW65T (Contractor Name) BID ITEMS AS FOLLOWS: ITEM CODE NO. DESCRIPTION OF ITEMS ESTIMATED QUANTITY UNIT PRICE (FIGURES) TOTAL COST (FIGURES) 1 Project Signs CDBG and City, One 2 EA ®q�v.d0yi��•OC7 (1)Each 2 F Mobilization % LS - ]11%00 lt2.19.Ob 3 Erosion Control and Sediment Control BMP's % LS 45a a 00 45(80.00 4 F Traffic Control % LS C190. 00 Rso , w 5 Construction Surveying and Utility % LS G9 Z : S0 X32 p . sCi Verification Site Preparation, Clearing and 6 F Grubbing, also include City owned % LS 15115-00 57S.00 borrow site 7 PCC Sawcut 50 LF ( 97- 50 8 Remove PCC Sidewalk 240 SF ?j , OC7 Tzo. 00 9 Remove PCC Curb and Gutter 28 LF 2q. 00 811.00 10 Remove AC Pavement 42 SF 1,,,5o 1 10 G. 00 Excavate & transport fill material 11 F from City owned lot (8 miles round 100 Cy E! 015 . UZI �d,�Co. 0 trip) 12 Construct Earthen Drainage Swale 80 LF IL Aso A-00. 00 13 Install 2 -2" Diameter PVC Sleeves 56 LF ( lam. , 0® (o TZ . QO 14 Construct Rip -Rap Energy 3 EA ✓2.68. 00 60+, OX) Dissipator 15 Install 2-3" Diameter Curb Outlet 2 EA CjQQ ` OOQ, 16 Install 3" Diameter PVC Sch -40 42 LF (0, '50 , 00 Storm Drain 17 Construct 4' Long Channel Drain 2 EA ?j ti, 00 �• d� Construct 5" Thick PCC Hardscape 18 Ramp with Rebars and Deepened 1,220 SF �, 0(o p Edge NIB -8 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 CITY OF LAKE ELSINORE BIDDER'S PROPOSAL - BID SCHEDULE PROJECT NO, 4424 ADA SIDEWALK SENIOR CENTER SIDEWALK PROJECT BIDDER:'5g4WWC° QN579-UCTIUQ (Contractor Name) BID ITEMS (CnntinnA.ib IT NO. IN CODE DESCRIPTION OF ITEMS ESTIMATED UNIT PRICE TOTAL COST QUANTITY (FIGURES) (FIGURES) 19 Construct 2' Wide PCC Drainage Swale 120 SF $ 0(0 . b®, 0o 20 Construct 6" High Splash Curb 15 LF ;j'`6.00 5.70.00 21 Construct 6" PCC Curb and Guff or 28 LF 1oi .0%c It Oq Z, ®p 22 Construct AC Pavement 3 Ton .00 17'2 —S , OO Construct 12" Square Catch Basin 23 with Concrete Ribbon, complete in 2 EA -700.00 14-00.00 lace Construct Curb Ramp (5" Thick) 24 Per Cal Trans Std. A88A, complete 1 FA �Q g� 00 �Q D S If place with Detectable Warning Surface 25 Construct 5" Thick Concrete Sidewalk with Monolithic Curb 185 SF , a a 26 Construct 4" Thick PCC Gunite 340 SF �j, �p ($7 —0. f1p 27 Install 4" SD Sidewalk Underdrain 2 EA t4$:O� Zq(q, ti® 28 S Install Pedestrian Ramp Hand Railing, complete in place. 390 LF >( �(� '�j t 78�. 0O 4 29 S Install Coconut Fiber Mat, 1,450 Stabilization, and Seeding SF . �Cl 5 6 M 0® TOTAL FOR BID ITEMS (Based on estimated quantities of items 1 through 29) t $ `�'�' NIB-9 EXHIBIT A 0 BIDDER'S PROPOSAL PROJECT NO. 4424 CITY OF LAKE ELSINORE BIDDER'S PROPOSAL - BID SCHEDULE PROJECT NO. 4424 ADA SIDEWALK SENIOR CENTER SIDEWALK PROJECT BIDDER: &).M GzSV CON hC E SONS (Contractor Name) NOTE: 1. The lowest responsible Bidder will be determined by comparing the total of all Bid Items (PCC 20103.8 b). 2. Estimated quantities are for the purpose of comparison only, and payments will be made on a basis of actual measurement of work completed except for Lump Sum (LS) and final pay quantities (F). The bid shall include, but not be limited to, sales tax and all other applicable taxes and fees. Codes: Units of Measurement: (D) Deduct EA Each (F) Final Pay Quantities LS Lump Sum (S) Specialty Item m meter(s) m2 square meter(s) Total bid amount in NUMBERS for Bid items (Based in Estimated Quantities of Items 1 through 29): $ t t t i zo .00 NTB -10 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 BIDDER'S SIGNATURE PAGE CONTRACTORS STATE LICENSE: Number: 4C,508 Classification(s): P+ Expiration Date: _ t I - (Business & Professions Code 7028.15) FEDERAL IDENTIFICATION NO.: C)o 55!A IF�(? PRESENT CITY BUSINESS LICENSE: Number: Ob { i R 8 (Not required at time Bid is submitted) Expiration Date: (0 -'a 1 ^' tr • (Contractor ADDRESS: �30q 11Q. f 5 P.J \ALLVY 6"D. TELEPHONE NUMBER(S): 7(Q O i 2 !14(� O FA')C -7a® "128 SG49 EMAIL: `j W CAR SO UTHWIRcSTCOWST c-0(A TITLE: ems I oc- NT DATE: -'3— 3 - 15 PRINT NAME: SIGNATURE: _ E I // � ,._--> TITLE: SECP -GTPvXy DATE: *�- 3 15 SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidders Signature Page must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach ALL notary certificates immediately following this page. General Partners must sign on behalf of the partnership. If the bidder fails to properly sign or omits required signatures, the bid will be considered non- responsive and will be rejected. NOTE: Name on State Contractor License must agree with Bidder's name. NIB -II EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of _ X? ,) On _J«y before me, Date Name and Title of the Officer Name(s) of Signer(s) personally appeared CARLA COVARRUBIAS -. Commission # 2088159 Notary Public • California i z San Diego County Comm. Extilres Nov is. 2018 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS myrjiand 0nd o icial seal. Place Notary Seal Above Signature: (UI jX/1 J Q OJUUL � Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document \ (� t Title or Type of Document: \ C� ylt �'� 1 c0-gP_ Document Date: O l's 1 i Number of Pages: _.3— Signer(s) Other Than Named Above: Capacity(ies) Claimed byy Signer(s) Signer's Name:�(�U \C� L,S\r-)D\i corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: QfTuU M, �) v &4- Corporate Officer — Title(s): Cl Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2013 National Notary Association* www.NationalNotary.org = 1- 800 -US NOTARY (1- 800 -876 -6827) item #5907 FXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 STATE OF CALIFORNIA COUNTY OF (NAME) _ liNNI1` affiant being first duly sworn, That he or she is pt: NON - COLLUSION AFFIDAVIT PROJECT NO. 4424 ADA SIDEWALK SENIOR CENTER SIDEWALK PROJECT ) SS says: owner, of or otner proper title) : D. L t4 C . 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 or sham; that the Bidder has not directly or indirectly 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 shall refrain 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 Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone 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, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Telephone No.: Ill -72-8 44GO Title: az s i De Date: �3 — *b — 115 SIGNING INSTRUCTIONS TO THE CONTRACTOR Non- Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate immediately following this page. If the Bidder fails to properly sign or omits the required signature, the bid will be considered non- responsive and will be rejected. NIB -12 EXHIBIT A CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County CounttyLoff On J i 1(� before me,� ZE`a,C Date l Name and Title of the Officer personally appeared -sap—, \d Names) of Signer(s) ---____ CARLA COVARRUBIAS Commission N 2088159 < -r' Notary Public - California i. = San Diego County s �MyConorn. Expires Nov 13 2018+ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS m hand and official seal. Place Notary Seal Above Signature: n4i /0,11I1 AY_L I�/ Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document �� nQ\ 1 - W ��� �� Title or Type of Document: ` L` ��� Document Date: Number of Pages: __A_— Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:' P _!� _ a- Corporate Officer — Title(s): t � ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Ll Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 2013 National Notary Association = wvvw.Na,ionalNo,ary.org = 1- 000 -US NOTARY (1 -800- 876 -68271 Item #5907 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 Certification Regarding Debarment and Suspension Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief that its principals; a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b. Have not within a three -year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing • public (Federal, State, or local) transaction or contract under • public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public - transactions (Federal State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statement in this certification, such nrncneefive nnr ic_ipa_nf shall attach an explanation to this proposal. Instructions for Certification (A) 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of .participation in this covered transaction. The prospective, participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or .agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. NIB -13 U.S. Department of Housing and Urban Development 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled ertification Regat-u!ng Debarment. Suspension, ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment ofasystem of records in order to render in good faith the certification required by this clause. The knowledge and - information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 1.0. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. Form HUD-29D2 (3198) EXHfBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 Certification B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (B) 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Applicant AI P t\j IV) L 3( A),iJ 14 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter Into any lower tier covered transaction with a person which is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph (5) of these instruction, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available NIB -14 EXHIBIT A Date ✓ °*'�--i 6- C� It o v- N T BIDDER'S PROPOSAL PROJECT NO. 4424 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 420. Type of Federal 2. Status of Federal Action: 3, Report Type: Action: ❑ a. Bid /offer(application ❑ a. Initial filing ❑ a. Contract b. Initial award b. Material change b. Grant c Post -award For Material Change Only: c. Cooperative agreement Year Quarter d. Loan + Date ofiast report e. Loan guarantee I. Loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee. Enter Prime ESubawardee Name and Address of Prima: Tier ,if known - Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 420. Federal Program Name /Description: CFDA Number, if applicable 8. Federal Action Number, if known: 420. Award Amount, if known: 10. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (If Individual, last name, first name, MI): different from No. 10a) (Last name, first name, Mi): 11. !nformalion requested through -,his form is authorized by Title 31 U.S.C. Section 1352. This disclosure Signature: of lobbying activities is a material representation of fact upon which reliance was placed by Print Name: the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi - annually and will Title - be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less Telephone No.: Date: than $10,000 and not more than $100,000 for each such failure. '0 t; taa for Local Reproduction S tandndard M Form -LLL (Rev. ]-97) Standard Form LLL Rev. 06 -04 -90 -�'/tk BIDDER'S PROPOSAL PROJECT NO. 4424 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to Title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing m attempting to influence 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 a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date - of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee if the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in Item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant, or loan award number, the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP- DE -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitments for the prime entity identified in Item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influenced the covered Federal action. (b) Enter the full names of the individuaf(s) performing services and include full address if different from 10(a). Enter Last Name, First Name and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his /her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection information unless it displays a valid OMB Control Number. The valid OMB control number for this informal collection is OMB NO. 0348 -0046. Public reporting burden for this collection of information is estimated ,average 30 minutes per response, including time for reviewing- instruction, searching existing data sours gathering and maintaining the data needed, and completing and reviewing the collection of information. Se comments regarding the burden estimate or any other aspect of this collection of information, includi suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Proj, NIB -16 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 CONTRACTOR'S CERTIFICATION on FEDERAL CONTRACT REQUIREMENTS PROJECT NO. 4424 ADA SIDEWALK SENIOR CENTER SIDEWALK PROJECT I HEREBY CERTIFY THAT I HAVE REVIEWED THE DIVERSIFIED FEDERAL CONSTRUCTION CONTRACT RELATED REQUIREMENTS IMPOSED ON THE CONTRACTOR(S) OF HUD - FUNDED CONSTRUCTION PROJECTS AND I FULLY UNDERSTAND ALL MY OBLIGATIONS IF THE PROJECT IS AWARDED TO ME. Name of Contracto V r R tPW U P L 4 EH 6 j () pi LLj5/M 1A " ° cA q 2k ry Gm Signature �St D ErlT �3 2 Tifle - ✓":.? °lam Date Total Bid Amount in NUMBERS NIB -17 PVT- TTT -Z1T A BIDDERS BOND PROJECT NO. °4424 BE ND No, BLSU BIDDER'$ BOND PROJECT NO. 44,24 ADA SIDEWALK SENIOR CENTER`SIDEWALK PROJECT KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That,W Southwest Construction Co., Inc. as:PRINCIPAL oxweditte:amount of . Ten Percent of the total amount of the bid (10 %)._ THE'CONDMON OFTHIS OBfJGAT {ON IS%SUCH ave4mr ntionede$id to the City of take Elsinore <m SIGNATtlRESON FOLLOWiNO PAGE -- NTB_1s EXHIBIT A BIDDER'S BONN) PROJECT NO- 4424 IN WITNESS WHEREOF, we have Hereunto set our hands and seals on this 26thday of February 20_15 SIMER CORPORATE 811 Southwest Construction Co., Inc. � Contractor game: , ompanyr �ameLiberty Mutual Insurance Company Addr�asg 2909 Rainbow Valley Blvd. Addi,aSs..790 The City Drive Sought, Suite 200 Fallbrook, CA 92530 Orange, CA 92868 Tele P hone No:: (760)728 -4460 Telephone hfo :, 1714)634 -5712 Pdrimame: 1 1A.i lC� �J(rno Deter' _.—.� Print Name; Margareta T. Thorsen Tit,W Attorney -in -Fad Sig Date;' 2/26/2015 'S1GNiNG "tlNSTRUGT[ONS TO THE t;ONTRAGTOii' Biddet's Bond must be accotnpanled by. notary nertwcates for 3~ACH sslgnat ire. Note the description of the tiorofent 'i n the; notary certifliedtd. Attach 13076 notary ;cerfificates mrtreiiiatelyfollr +winBthlspagc; Obrporate Seal may beafflxs4 faereto. The at #ornoy in tact for corporate- surety must .be'regisfered, as. such, im at least one county its thg State'rSft Aifornla , Attack one orig nai Power ofj 'ciney'immediaiely ftsflnwiny the.notary aeriifieates. EXHIBIT A CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. I State of California County of Los Angeles ) On 2 2b t l5 before me, Sonia Vizcarrondo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Margareta T. Thorsen _ Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RmjARRONDO # 2079616 - California s Countyeyp 24,2016 1 Place Notary Seal Above �+C I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. _/ Signature ^�r� Signatur e o otary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Margaretaa T. Thorsen • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Individual IN Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:Surety Company Signer's Name: • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General El Individual ❑Attorney'inFact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer is Representing: l ©2014 National Notary Association • www.NationalNotaty.org • 1- 800 -US NOTARY (1- 800 - 876.6827) Item #5907 EXHIBIT A THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Afforney limns the acts of those named herein, and they have no authomy to bind the Company except in the manner and to the extent herein stated. Certificate No. 63732311 _.._- American Fire and Casually Company ,. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company - POWER OF ATTORNEY KNOWNALL PERSONS 13YTHESE PRESENTS: ThatAmencan Fire Casually COmpanyand The Ohio Casually Insolence Company are corporelions duly organized underthelawsof. the State of New Hampshire, (hat Liberty, Insurance cpmpany is a corporatmn duly Qamzed underlhe laws of theState of Massachusetts, and West Amended Insurance Company isa corporation dulyorganized;under thelaws.ofthe State of Indi_ ana(heremoolreclively ­ calfetlt he" Companids"), pursuanito andDyaulhonty herein set forth, does hereby name constitute and appoint,l- Maroareta7 Thorsen < all of tho cily-at Pasadena state of CA ea tlmdividually if Ihere'he more:lhag one named; -rLs trpe=and lagdjol atfomey m far�l to make, execLite seal 3ckndWledge end deimer for andon ds behalf as surely andasdis act and deed anyafPdall undedahaias=lionds recdaniiances an otlursuiAivnhllaaenns in:n1mnanra EXHIBIT A CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On Date Name and Title of the Officer personally appeared Name(s) of Signer(s) CARLA COVARRUBIAS [ Commission N 2088159 z Notary Public - California z z Sad Diego county s Coormri�'Nov 13 2018 y who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /hoe /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS m� hand an officia �eal.l.r� Place Notary Seal Above Signature: Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document cu Title or Type of Document: �. Document Date: Number of Pages:: t Signer(s) Other Than Named Above: Capacity(ies) Claimed by Si ner(s) Z Si ner's Name :9�� } � orporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L I Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L! Other: Signer Is Representing: 02013 National Notary Association • www.Nationa[Notary.org • 1- 800 -US NOTARY (1 -800- 876 -6821) Item #5907 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 LIST OF REFERENCES PROJECT NO. 4424 ADA SIDEWALK SENIOR CENTER SIDEWALK PROJECT „� BIDDER: *P-UJ WEST C0NsTRUC' -t1 I cc INC . REFERENCES (Contractor Name) Following are the names, addresses and telephone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two (2) years: 1�ttL(SOf & 25P3 et-gJT�N i�1°r7� t2a3 ame and Aodress ot Agency M+'�i'T �JC^h1 N �� p C ('j°( ��Gi l%1 �e 951-61 , I ,`11 S I EF Name, Title, and Telephone. Number of Person Familiar with Project cu.94tP 6_urreO - ern 9IOPLUaLe- A� _ z2 ^ eta 2. C � —I,, �n�'.0 'c.J ul Y.IJ.CI RJy 5c01T 9tPP131r, N tNSPEc.7 K 9 51- G74 -SM4- ex[V Name, Title, ana Telephone Number of Person Familiar U:ith Project T 3 r� SAoc s(n�wn CDs L 2 Zr Contract Amount Type of Work Date Completed S'� 5�ini�c -s n CA AN WY Fame and ress o ency 2eE 0,C- 6.19-5p8-14-t5 Name, I i le, and Telephone Number of Person Familiar with Project ®7, 51K- 382.E e Pm-4 '3- 2s = ._(L Contract Amount Type of Work Date Completed Note to Bidder: Prepared lists of projects completed may be included as a part of the Proposal, but will not be accepted in lieu of this form, completely filled out. NIB -20 EXHIBIT A r EXHIBIT B -4 PROJECT NO. 4424 CERTIFICATION OF BIDDER REGARDING NONSEGREGATED FACILITIES Project Name: AAA SIDEWALK 44-4-2 -4 Name of Bidder: S0UTg1Jr=S " t:.0WST'�CT1r) ! The above named Bidder hereby certifies that I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, :where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, national origin, or because of habits, local customs, or otherwise. I further agree to obtain identical certifications from all proposed subcontractors prior to the award of subcontracts exceeding $10,000. Signature- Le . == Name (Print): DRV t D :5 (M0 J Title: T PIX�S (D EPJT Date: 3 ^ 3 s ( a NIB -21 EXHIBIT A EXHIBIT B -6 PROJECT NO, 4424 Page 1 of 2 BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE (Housing and Community Development Act of 1968) Project Title: APA Sloe + _ 2+i Amount of Bid: The undersigned hereby certifies that he /she has read and understands Riverside County's Section 3 Affirmative Action Program as well as Section 3 of the Housing and Community Development Act of 9968, and further certifies adoption of, and adherence to, said program, and cola ies understanding of the following for all construction contracts over $100,000: I understand and agree that in the event that I am awarded this contract, and in the event that any new employment opportunities are created as a result of this CDBG- funded project, I will forward to the Economic Development Agency all detailed job descriptions and Section 3 reports, in a form, at a place, and at a time as directed by the Economic Development Agency. Complete your proposed workforce plan for this project below: sb`_'�__ initial Here CATEGORY CURRENT POSITIONS NUMBER OF NEW HIRES IF AWARDED BID NUMBER OF NEW W HIRES PROPOSED W SECTION 3 RESIDENTS OF NEW HIRES TO BE SECTION 3 PROFESSIONALS TECHNICIANS OFFICE7CLERICAL CONSTRUC IJVN BY TRADE TRADE L A46 P E e e; TRADE CC-AA �-� y Or t ® Q TRAD so Iff o p d/ o TRADE TRADE APPRENTICE �Y _ TRAINING OTHER TOTAL EXHIBIT A EXHIBIT B -6 PROJECT N0. 4424 Page 2 of 2 BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE I understand and agree that for any and all subcontracting opportunities that may result from this CDBG- funded project, I will request and review the County of Riverside Section 3 Subcontractor Database prior to selecting any subcontractor for my bid submittal. u;�- Initial Here I understand and agree that any and all sub - contracts and sub -tier agreements resulting from this CDBG- funded project are also subject to Section 3 compliance, and therefore, as the General /Prime Contractor, I am responsible to ensure compliance from all subcontractors. Complete your Subcontracting Plan for this project below: L� Initial Here TRADE AMOUNT OF SUBCONTRACT($) IS THE SUBCONTRACTOR SECTION 3 ELIGIBLE? YES OR NO IF SUBCONTRACTOR IS SECTION 3, INDICATE ELIGIBLE STATUS. 51 %OWNER I 30 %EMPLOYEE Bidder (Company) Name: CONIC muti _TfCtj CO ANC. Authorized Representative (Type Name). Signature: Date: NIB -23 EXHIBIT A EXHIBIT B -6 suI3 PROJECT td O. 4424 Page 1 of 2 SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE {Housing and Community Development Act of 1968) Project Tifle lb( AmounibtSubcontra ry g5:��yt . The undersigned hereby certifies that he/she has read and understands Riverside County's Section 3 Affirmative Action trrogram as weir ,s Si`iv . g i:,e `ioRSrrr a d Deveppment Act a 1968, and further certifies ado 9 n nnrmunity ptiiitraf, and 2dherence.TO, said Program, and certifies understanding of the- fiittowin� for ali cons &;tic#tott contracts over "$40d;00,ps I understand and agree that in the event-that I am awsrcied this contract, and. in the eventthat any new employment ogportunifieP are created as a result of this Cdt3G funded project, t w 11 'for to the Economic DevetoprnentAgency all detaited jrib descdpti6ns arid Seclion 3 reports, and at a time as directed by the Economic De, veloomenf /A'rw it place, i .r06 CATEGORY CIURRENT POSITIONS nw�+den ur NE�Y.NIRes IF` AWAROEO BIO Nl�t9!OER'OFNEW, N4: ES PaOPOSEOT08E S - F�'ROr1 ,3;R�SIr, *A OF NEW WaE5 TO OE. SCOTlbN.3 PROPESMNALS _ TECHNIpANS - - -- � ©FFrcErctErcczi; � � � n � Time 'MARE TRADE �APPRENTIeE- � TRA[AING- - I 24 EXHIBIT A EXHIBiT"SUB PROJECT NO. 4424 Pno 2 of 2 SUBCONTRACTOR iCERTIFICATION FOR SECTION 3 COMPLIANCE Bidder (Company) Name: a lQ .{�tIQ(� Authoozed�Repre` We {Type Nam date: t�IB -25 EXHIBTT A SPECIAL FEDERAL PROVISIONS DOCUMENT INDEX General Information 1. General Summary 2. Hold Harmless Clause and Additional Insured - Insurance Requirements 3. B -1 Federal Labor Standards Provisions (HUD 4010) 4. B -2 Federal Prevailing Wage Decision (CA 150036 Mod. 02 ) 5. B -3 Project Sign 6, Additional Federal Requirements Bid Forms 7. B -4 Certification of Bidder Regarding Non - segregated Facilities (Required for all Projects) ✓ 8. B -5 County of Riverside Section 3 Affirmative Action Program (Applicable for Projects $100,000 or more) 9. B -6 Bidders Certification for Section 3 Compliance (Required for Projects $100,000 or more) ✓ 10. B- 6(SUB) Subcontractor Certification for Section 3 Compliance (Required for Projects $100,000 or more) 11. B -7 Bidder's Certification on Federal Contract Requirements (Required for all Projects) v 12. B -8 Questionnaire Regarding Bidders (Required for all Projects) 13. B -9 List of Subcontractors and Suppliers (Required for all Projects) ✓ Post -Award Forms 14. PA -1 Performance Bond (100% of contract price) (Required for Projects $100,000 or more) 15. PA -2 Payment Bond (Required for Projects $100,000 or more) 16. PA -3 Subcontractor Questionnaire (Required for all Projects) 17. PA -4 Subcontractor Certification Regarding Non- segregated Facilities(Required for all Projects) 18. PA -5 Section 3 Summary Report (Required for Projects $100,000 or more) 19. PA -6 Davis -Bacon Classifications and Pay Rates (Required for all Projects) GP -55 EXHIBIT A EXHIBIT B -5 COUNTY OF RIVERSIDE AFFIRMATIVE ACTION PROGRAM ECONOMIC OPPORTUNITIES FOR SECTION 3 RESIDENTS AND SECTION 3 BUSINESS CONCERNS 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. I AFFIRMATIVE ACTION POLICY STATEMENT The County of Riverside, as the Community Development Block Grant Administrator, shall take Affirmative Action to insure to the greatest extent feasible that: 1. Contracts for work (involving both construction and non - construction projects) funded from Community Development moneys be awarded to business located in and /or owned in substantial part by persons residing within the Section 3 covered project area. 2. Lower income residents of said project area are to be provided, to the greatest extent feasible, employment and training opportunities emanating from such contracts. It will be established policy to: 1. Enlist the support of community agencies, schools and unions in the recruitment, hiring and training of low income persons residing within Section 3 project areas. 2. Insure that project area business are afforded a maximum feasible opportunity to bid on contracts. 3. Insure that contractors understand and comply with their obligations under the Act (24 CFR Part 935). GP -107 EXHIBIT A 4. Provide a system to periodically monitor and evaluate the effectiveness with which the plan is being carried out. To insure that we continue to meet our obligations and commitments we have developed a Section 3 Affirmative Action Program. All contractors and sub - contractors are expected to demonstrate a spirit of support and cooperation in the implementation of this program. The Executive Director of the Community Development Agency will be responsible for the implementation, administration, and monitoring of our policy and program. Date: February 8, 1988 Supervisor Walt P. Abraham Chairman, Board of Supervisors II DEFINITION OF TERMS 1. Business concerns located within the Section 3 covered project area: Means those individuals or firms located within the relevant Section 3 covered project area as determined, pursuant to 2.4 CFR 135.5. 2. Business concerns owned in substantial part by persons residing in the Section 3 covered Project area: Means those business concerns which are fifty -one (51) percent or more owned by persons residing within the relevant Section 3 covered project as determined pursuant to 24 CFR 135.5. 3. Contracting party: Means any entity which contracts with a contractor for the performance of work in connection with; a Section 3 covered project. 4. Contractor. Means any entity which performs work in connection with a Section covered project. 5. Lower income resident of the area: A person residing in the Community Development Block Grant project area of the County of Riverside whose annual family income does not exceed eighty (80) percent of the median income. (Calculations are to be based on the median income level as reported by HUD). 6. Project area: In most cases the project area will be bounded by the County limits (or participants' City limits as applicable). However, priority shall be given to persons living within the County's Impact Areas. III SPECIFIC AFFIRMATIVE ACTION STEPS In order to comply with Section 3 regulations aff irmative action must be taken. This affirmative action will be at least as extensive and specific as the following: • Each contractor and sub- contractor shall incorporate in all contracts for work in connection with a Section 3 covered project the following Section 3 Clause: • Every applicant, recipient, contracting party, contractor, and sub- GP-108 EXHIBIT A contractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with Section 3 covered project, the following clause (referred to as a Section 3 Clause): The work to be performed underthis contract is on a project assisted undera program providing direct Federal financial assistance from the Department of Housing and Urban Development, and is subject to the requirements of Section 3 of the Housing and Urban Development act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities fortraining and employment be given to lower income residents of the projectarea and 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. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 570, and all applicable rules and orders of the Department issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization, or representative orworkers, with which he has collective bargaining agreement or other contract, or understanding, if any, a notice advising the said labor organization or workers; representative of his commitments under this Section 3 Clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employment or training. The contractor will include this Section 3 Clause in every sub -tier contract for work in connection with the project and will, at the direction of the applicant for, or recipient of, the Federal financial assistance, take appropriate action pursuant to the sub -tier contract upon finding that the subcontractor is in violation of the regulations issued by the Secretary of Housing, and Urban Development, 24 CFR 570. The contractorwill not enter into any sub -tier contract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 570 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 570, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. All contractors and their subcontractors shall include as part of their bid proposal a copy of their Section 3 Affirmative Action Plan. The Plan should include the following: 1. A preliminary statement of workforce needs (skilled, semi - skilled, unskilled labor and trainees by category). 2. Goals (in percentage) relative to utilization of lower income persons in project area. GP -109 EXHIBIT A 3. Goals relative to the project dollar amount of subcontractors to be awarded to project area business. IV DISSEMINATION OF SECTION 3 PROGRAM POLICY In order that all contractors of the County of Riverside have a full understanding of the County's position regarding this Section 3 Affirmative Action Plan the following procedures will be initialed: 1. All advertisements and invitations to bid will include the County's Section 3 Affirmative Action Plan requirements. 2. All Community Development Block Grant contracts will include the County's Section 3 Affirmative Action Plan, 3. The Section 3 Grievance Procedure and signs shall be placed at construction sites identifying the project as a Section 3 covered project. V PROGRAM EVALUATION Pursuant to Section 3 requirements (2A CFR 135. 72„ the County of Riverside, as Block Grant Administrator, shall assist and actively cooperate with the Department of Housing and Urban Development in insuring the compliance of our contractors and subcontractors. All contractors shall: 1. Maintain a list of all lower income area residents who have applied whether on their own or on referral from any source. 2. Set forth evidence, acceptable to the Executive Director or the Community Development Agency that its actions were not an attempt to circumvent program requirements, If vacant apprentice or trainee positions in its organization are filled immediately prior to undertaking work pursuant to a Section 3 covered project. VI COMPLAINT PROCEDURE Who may file a complaint? The following individuals and business concerns may, personally or through an authorized representative, file with the Assistant Secretary a complaint alleging noncompliance with section 3: i. Any Section 3 resident on behalf of himself or herself, or as a representative of persons similarly situated, seeking employment, training or other economic opportunities generated GP -116 EXHIBI'l A from the expenditure of Section 3 covered assistance with a recipient or contractor, or by a representative who is not a section 3 resident but who represents one or more Section 3 residents, 2. Any Section 3 business concern on behalf of itself, or as a representative of other section 3 business concerns similarly situated, seeking contract opportunities generated from the expenditure of Section 3 covered assistance from a recipient or contractor, or by an individual representative of Section 3 business concerns. Where to file a complaint? A complaint must be filed with the: Assistant Secretary for Fair Housing and Equal Opportunity Department of Housing and Urban Development Washington, DC, 20410. Questions regarding Section 3 compliance, procedures for filing a complaint, or the County of Riverside's Affirmative Action Program, should be addressed to: Economic Development Agency CDBG Program Administrator - Section 3 Program 3403 10th Street, Suite 500 Riverside, CA 92501 (951) 955 -8916 GP -111 EXHIBIT A EXHIBIT B -6 PROJECT NO. 4424 Page 1 of 2 BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE (Housing and Community Development Act of 1968) Project Title: rN�J' AIM Amount of Bid: I L Z:Q < do The undersigned hereby certifies that he /she has read and understands Riverside County's Section 3 Affirmative Action Program as well as Section 3 of the Housing and Community Development Act of 9968, and further certifies adoption of, and adherence to, said program, and Certifies understanding of the following for all construction contracts over $100,000: I understand and agree that in the event that I am awarded this contract, and in the event that any new employment opportunities are created as a result of this CDBG- funded project, I will forward to the Economic Development Agency all detailed job descriptions and Section 3 reports, in a form, at a place, and at a time as directed by the Economic Development Agency. Complete your proposed workforce plan for this project below: Vult> Inidal Here 1- NUMBER OF JOB CATEGORY CURRENT NEW HIRES NUMBER OF NEW HIRES OF NEW HIRES TO OF POSITIONS 1F AWARDED PROPOSED TO BE SECTION 3 BID SECTION 3 RESIDENTS PROFESSIONALS TECHNICIANS OFFICEICLERICAL - .—CONSTRUCTION BY MADE RADE D Q TRADE eve•( dr T ADE TR O ScAE I TRADE - TRADE APPRENTICE TRAINING '- OTHER TOTAL NIB -22 ;II3IT A EXHIBIT B -6 PROJECT NO. 4424 Page 2 of 2 BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE I understand and agree that for any and all subcontracting opportunities that may result from this CDBG- funded project, I will request and review the County of Riverside Section 3 Subcontractor Database prior to selecting any subcontractor for my bid submittal. DQ115 Initial Here I understand and agree that any and all sub - contracts and sub -tier agreements resulting from this CDBG- funded project are also subject to Section 3 compliance, and therefore, as the General /Prime Contractor, I am responsible to ensure compliance from all subcontractors. Complete your Subcontracting Plan for this project below: Dis Initial I[ere TRADE AMOUNT OF SUBCONTRACT( $) IS THE SUBCONTRACTOR ELIGIBLE? YES OR NO IF SUBCONTRACTOR IS SECTION !, 3, INDICATE ELIGIBLE STATUS. 51 %OWNER I 30 %EMPLOYEE p\q,(✓ C A. R55. 00 N Bidder (Company) Name: �3E�T G®6J5i R�ICi� 0 {�i O N i.. Authorized Representative (Type Name): DO%\1tD S(AXO Signature: Date: *31 NIB -23 EXHIBIT A EXHIBIT 8-6 sus PROJECT NO. 4424 Page t of .2 SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE (Housing and Community Development Act of 1968) Project Title:AkAM `�iillbM1sl Amount of Subeontra._. The undersigned hereby certifies that be /she has read and understands Riverside County °s Section 3 Affirmative Action Program as well as Sect of the !:eu• , �! 1* s;eveiUpvnenract ot7$6$, and further certifies actoptian qf, and adherence:to, sa(d�program,and certifies understanding ofthe:fattgwing for all construction contracts over $4Q4'o- 60: I understand and agree that in the event that I am awarded this contract, and In the event that any new employment opportunities are created as a result of this r dBG- funded pmjecf, I will forward Yo the Economic Development Agency all detailedjob descriptions and Section 3 reports, its a Place, and ata time as directed by the Etonomic DeuelopmentAgency. / EXHIBIT A EXHIBIT B -6 SUB PROJECT No. 4424 Page 2 of 2 SUBCONTRACTOR CERTIFICATION FOR SECTION 33 COMPLIANCE Bidder (Company) Name; I I i ^ L 1 t1Q t Iii C tl�t t 4� $I 1 Vic .. Auffigrize epr� esentative (Type Nam JJA 11, 4s,( T Gate: EXHIBIT A EXHIBIT B -7 PROJECT NO, 4424 COUNTY OF RIVERSIDE CDBG PROGRAM BIDDER CERTIFICATION ON FEDERAL CONTRACT REQUIREMENTS PROJECT NAME: * Ce(-4T]Eg, so-- WA&r- --ABC` CERTIFICATION: I hereby certify that I have reviewed and understand the diversified Federal construction contract related requirements imposed on the Contractor(sl of HUD - funded construction projects, including but not limited to the following: 1. The subject project is being financed with Community Development Block Grant funds (24 CFR Part 570); 2. This project and all related construction contracts are subject to the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010 — I visod 06,2005); and 1. This project is subject to all applicable laws and regulations as listed in the General Summary of these Special Federal Provisions; and 2. If my bid is $100,000 or more, this project and all related contracts will subject to Section 3 requirements (12 U3.C.1701u). • •R • r it i •�' : O t 1 : AUTHORIZED REPRESENTATI D SIAA.®t-J (Type Name) SIGNATURE: ®. DATE: NEB-26 EXHIBIT A EXHIBIT B -8 PROJECT NO. 4424 QUESTIONNAIRE REGARDING BIDDERS Bidder has been engaged in the contracting business under the present name of S=14We; � C� S_"R,tLC, N M, [NIC , since 133 q (Date). Present business address is: Z *R ftKIDW VALON 'BLVD FAt V- Federal Tax ID: ')�5- 0051500 Amount of Bid $ { (i r Z� . 00 State of California Contractor's License No.: Expiration Date: 6 I _ 1500 — ((� Because this project is Federally- funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors. A minority enterprise is defined by the Federal Government as a business that is fifty -one percent (51 %) or more "minority- owned ". Please check applicable box concerning the ownership of your business: ❑ American Indian or Native Alaskan ❑ Asian or Pacific Islander /Native Hawaiian ❑ Black/African American ❑ Hispanic X White ❑ Hasidic Jews ❑ Other A woman -owned enterprise is defined by the Federal Government as a business that is fifty- percent (50 %) or more woman- owned. Please check applicable box concerning the ownership of your business: ❑ Woman /Female owned k Male owned A Section 3 Contractor or Subcontractor is a business concern that is more than fifty -one percent (51 %) owned by a low or very low- income person, or a business concern that provides economic opportunities to low and very low- income residents. Please check applicable box concerning the ownership of your business: V Section 3 Business concern ❑ Non - Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 170f et seq., and other regulations. it will not be disclosed or released outside of HUD without your consent, except as required or permitted by law. NIB -27 EXHIBIT A EXHIBIT B -9 PROJECT NO. 4424 LIST OF SUBCONTRACTORS SUBCONTRACTOR FED. I.D.# AMOUNT ADDRESS /PHONE NO. I ue— Ca000p 05 1 S:�WA CA Q UGS SUPPLIERS NAME OF SUPPLIER ADDRESS /PHONE NO. CONTRACT AMOUNT _ L-AM ELSIWOR-t �A This form is to be completed and submitted with the bid package. NIB -28 EXHIBIT A EXHIBIT A VICINITY MAP ADA SIDEWALK SENIOR CENTER PROJECT 420 E. LAKESHORE PROJECT NO. 4424