HomeMy WebLinkAboutItem No. 04 Agreement Sidewalk ImprovementsText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-631
Agenda Date: 4/24/2018 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 4)
Page 1 City of Lake Elsinore Printed on 4/19/2018
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared By: Farid Dost, Senior Civil Engineer
Date:April 24, 2018
Subject:Construction Contract Award for Street & Sidewalk Improvements Along
Heald Avenue & Peck Street CIP Project No. Z20017, CDBG 1.LE.57-17
Recommendation
1.Award the Public Works Construction Agreement for the Street & Sidewalk
Improvements along Heald Avenue and Peck Street to Black Rock Construction.
2.Authorize the City Manager to execute the Agreement in the amount of $182,900.00
to Street & Sidewalk Improvements along Heald Avenue and Peck Street, in
substantially the form attached and in such final form as approved by the City
Attorney.
3.Authorize the City Manager to execute change orders not to exceed the 10%
contingency amount of $18,290.
4.Authorize the City Engineer to record the Notice of Completion once it is determined
the work is complete and the improvements are accepted into the City maintained
roadway network.
Background
On February 14, 2017, The City entered into a Professional Services Agreement with Albert A.
Webb (Webb) for an all-inclusive engineering design and bid package for the Cultural Center
Parking Lot project. The Scope of work included Preliminary Parking Lot Layout, Field Survey,
Phase I Environmental Site Assessment, Geotechnical Report, Environmental Review and
Filing of NOE, WQMP, Plans, Specifications and Engineer’s Estimates and Construction
Support Services.
In early February of 2018, the final Plans, Specifications and Engineer Estimate were finalized
and submitted to the Senior Program Manager for the Community Development Block Grant
(CDBG) Program for review and approval as part of the CDBG Grant requirements. Per the
CDBG Program Manager, the project area funded via CDBG funds must be advertised as a
separate project. Therefore, staff prepared the project for bid into two phases advertising the
CDBG funded portion as Phase 1 and the Cultural Center Parking Lot as Phase II. This staff
report is for Phase I of the project that will be funded by CDBG Grant funds and includes all the
proposed improvements within the City’s ROW along Peck Street and Heald Avenue.
Award Street & Sidewalk Improvements Along Heald Avenue & Peck Street
April 24, 2018
Page 2 of 2
Page 2 of 2
Discussion
Contractor bids were opened publicly on April 3, 2018, at 2:00 p.m. The City received seven (7)
bids from qualified contractors. However out of the seven bids, only two (2) were deemed
responsive, five of the bids submitted failed to include the required Federal Bid Documents as
specified in the proposal. Staff recommends the selection of the lowest bidder. The bid results
are summarized below:
Contractor (Bidder) Bid Amount _
1. Black Rock Construction $182,900.00
2. All American Asphalt $189,120.00
3. Hardy & Harper, Inc. **$222,000.00
4. Greer’s Contracting & Concrete **$230,510.00
5. Aramex Construction **$235,994.00
6. Hillcrest Contracting **$240,613.00
7. Pub Construction **$331,150.00
** Bids deemed non-responsive
Fiscal Impact
Funding for this project has been allocated under the CDBG Grant.
Exhibits
A – Agreement
B – Proposal
@BCL@C40DD460.docx Page 1
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Black Rock Construction Company
Street & Sidewalk Improvements Along Heald Avenue & Peck Street
Project No. Z20017 CDBG 1.LE.57-17
This Agreement for Public Works Construction (“Agreement”) is made and entered into as
of April 24, 2018, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Black Rock Construction Company, a California 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:
Street & Sidewalk Improvements Along Heald Avenue & Peck Street (the
“Project”).
The City-approved plans for the construction of the Project, which are incorporated herein
by reference, are identified as:
Street & Sidewalk Improvements Along Heald Avenue & Peck Street
Project No. Z20017 CDBG 1.LE.57-17
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 Eighty Two Thousand Nine
Hundred dollars ($182,900).
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.
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c.Contractor agrees to receive and accept the prices set forth in the Bidder’s
Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all
obligations hereunder. Such compensation 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 Eighty (80)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 City 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.City and Contractor recognize that time is of the essence in 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 Five Hundred
dollars ($500) 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:
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a. The scope of the change in the work;
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.
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9.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 Workers’ Compensation Insurance
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 apply separately to the work to be 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 CG 0001 (ed.
11/88) or Insurance Services Office form 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).
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:
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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.
ii.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.
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
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If to Contractor:Black Rock Construction Company
Attn: Paul Blevin
615 N. Berry St. Suite G
Brea, CA 92521
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 be 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
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
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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
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 notices required of the Contractor pertaining to their location. The
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
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Committee nearest the site of 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 requirements may
be obtained from the State Director of Industrial Relations or from 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.
23.Termination.
(a)City may cancel this Agreement at any time upon seven (7) days written
notice to Contractor. Contractor agrees to cease all work under this Agreement on or before the
effective date of such notice.
(b)In the event of termination or cancellation of this Agreement by City, due to
no fault or failure of performance by Contractor, Contractor shall be paid full compensation for all
services performed by Contractor, in an amount to be determined as follows: For work done in
accordance with all of the terms and provisions of this Agreement, Contractor shall be paid an
amount equal to the amount of services performed prior to the effective date of termination or
cancellation; provided, in no event shall the amount of money paid under the foregoing provisions
of this paragraph exceed the amount which would be paid Contractor for the full performance of
the services required by this Agreement.
24.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.
25.Special Federal Requirements Contractor and Owner do hereby acknowledge
that this project will be partially or fully funded with Community Development Block Grant (CDBG)
funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor,
environmental, equal opportunity, and other regulations.
1. Contractor shall maintain and keep books and records on a current basis,
recording all transactions pertaining to this agreement in a form in accordance with
generally acceptable accounting principles. Said books and records shall be made
available to the County, the State of California, the Federal government, and to
any authorized representative thereof for the purposes of audit at all reasonable
times and places. All such books and records shall be retained for such periods
of time as required by law, provided, however, notwithstanding any shorter periods
of retention, all books, records, and supporting detail shall be retained for a period
of at least four (4) years after the expiration of the term of this Agreement.
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2.Contractor shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC
a-276, a-5) and the implementation regulations thereof. Contractor shall comply
with the U.S. Department of Housing and Urban Development’s Federal Labor
Standards Provisions (HUD 4010).
Contractor acknowledges that work under this contract is subject to the payment of prevailing
wages pursuant to Section 1770 and 1773 et seq. of the Labor Code of the State of California,
the Director of Industrial Relations (State Prevailing Wages), and the U.S. Department of Housing
and Urban Development’s Federal Labor Standards Provisions (Davis-Bacon Act Prevailing
Wages). The Contractor to whom the contract is awarded, and all subcontractors under him, shall
pay the higher of the Federal or State prevailing wage rate for any given classification employed
in the performance of this contract.
Contractor acknowledges that the applicable Wage Determination for this project
is:
General Decision Number: CA__36___
Modification Number: __3____
Date: __02/09/2108__________
3. Section 3 Compliance: The Contractor hereby acknowledges that this federally-
funded project is subject to Section 3 of the Housing and Urban Development Act
of 1968 [12 U.S.C. 1701u and 24 CFR Part 135] and agrees to the following:
A.The work to be performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to
low- and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
B.The parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
C.The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work shall
begin.
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D.The contractor agrees to include this Section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section
3 clause, upon a finding that the subcontractor is in violation of the regulations in
24 CFR Part 135. The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR Part 135.
E.The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract
is executed, and (2) with persons other than those to whom the regulations of 24
CFR Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
G.With respect to work performed in connection with Section 3 covered Indian
housing assistance, Section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
this contract. Section 7(b) requires that to the greatest extent feasible (i) preference
and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises. Parties to this contract that
are subject to the provisions of Section 3 and Section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compliance with
Section7(b).
26.Additional Federal Requirements – Whereas, the work under this Agreement is
subject to applicable Federal, State, and local laws and regulations, including but
not limited to the regulations pertaining to the Community Development Block
Grant program (24 CFR Part 570) and 2 CFR Part 200 . Contractor, sub-
contractors, Consultants, and sub-consultants agree to comply with, and are
subject to, all applicable requirements as follows:
1.Equal Employment Opportunity -Compliance with Executive Order
11246 of September 24, 1965, entitled "Equal Employment Opportunity", as
amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant
will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. Contractor/Consultant will ensure
that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin. The Contractor/Consultant will
take affirmative action to ensure that applicants are employed and the employees
are treated during employment, without regard to their race color, religion, sex, or
national origin. Such actions shall include, but are not limited to, the following:
employment, up-grading, demotion, or transfer; recruitment or recruitment
advertising; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.The Contractor/Consultant agrees to post in a
conspicuous place, available to employees and applicants for employment, notices
Page 11
to be provided by the County setting forth the provisions of this non-discriminating
clause.
2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All
contracts and subgrants in excess of $2,000 for construction or repair awarded by
recipients and subrecipients shall include a provision for compliance with the
Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of
Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States”). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to
which he is otherwise entitled. The recipient shall report all suspected or reported
violations to HUD.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required
by Federal program legislation, all construction contracts awarded by the recipients
and subrecipients of more than $2000 shall include a provision for compliance with
the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department
of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to
Contracts Governing Federally Financed and Assisted Construction”). Under this
Act, contractors shall be required to pay wages to laborers and mechanics at a
rate not less than the minimum wages specified in a wage determination made by
the Secretary of Labor. In addition, contractors shall be required to pay wages not
less than once a week. The recipient shall place a copy of the current prevailing
wage determination issued by the Department of Labor in each solicitation and the
award of a contract shall be conditioned upon the acceptance of the wage
determination. The recipient shall report all suspected or reported violations to
HUD.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327
through 333: Where applicable, all contracts awarded by recipients in excess of
$2000 for construction contracts and in excess of $2500 for other contracts that
involve the employment of mechanics or laborers shall include a provision for
compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall
be required to compute the wages of every mechanic and laborer on the basis of
a standard workweek of 40 hours. Work in excess of the standard workweek is
permissible provided that the worker is compensated at a rate of not less than 1
1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the
workweek. Section 107 of the Act is applicable to construction work and provides
that no laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement—
Contracts or agreements for the performance of experimental, developmental, or
research work shall provide for the rights of the Federal Government and the
recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to
Page 12
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any
implementing regulations issued by HUD.
6. Rights to Data and Copyrights –Contractors and consultants agree to
comply with all applicable provisions pertaining to the use of data and copyrights
pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).
7. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and
subgrants of amounts in excess of $100,000 shall contain a provision that requires
the recipient to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall
be reported to HUD and the Regional Office of the Environmental Protection
Agency (EPA).
8. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors who
apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer
or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the recipient.
9. Debarment and Suspension (E.O.s 12549 and 12689)—No contract
shall be made to parties listed on the General Services Administration's List of
Parties Excluded from Federal Procurement or Nonprocurement Programs in
accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set
forth at 24 CFR part 24. This list contains the names of parties debarred,
suspended, or otherwise excluded by agencies, and contractors declared ineligible
under statutory or regulatory authority other than E.O. 12549. Contractors with
awards that exceed the small purchase threshold shall provide the required
certification regarding its exclusion status and that of its principal employees.
10. Drug-Free Workplace Requirements—The Drug-Free Workplace Act
of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal
agencies, as a prior condition of being awarded a grant, to certify that they will
provide drug-free workplaces. Each potential recipient must certify that it will
comply with drug-free workplace requirements in accordance with the Act and with
HUD's rules at 24 CFR part 24, subpart F.
11. Access to Records and Records Retention: The Consultant or
Contractor, and any sub-consultants or sub-contractors, shall allow all duly
authorized Federal, State, and/or County officials or authorized representatives
access to the work area, as well as all books, documents, materials, papers, and
records of the Consultant or Contractor, and any sub-consultants or sub-
contractors, that are directly pertinent to a specific program for the purpose of
Page 13
making audits, examinations, excerpts, and transcriptions. The Consultant or
Contractor, and any sub-consultants or sub-contractors, further agree to maintain
and keep such books, documents, materials, papers, and records, on a current
basis, recording all transactions pertaining to this agreement in a form in
accordance with generally acceptable accounting principles. All such books and
records shall be retained for such periods of time as required by law, provided,
however, notwithstanding any shorter periods of retention, all books, records, and
supporting detail shall be retained for a period of at least four (4) years after the
expiration of the term of this Agreement.
12. Federal Employee Benefit Clause:No member of or delegate to the
congress of the United States, and no Resident Commissioner shall be admitted
to any share or part of this agreement or to any benefit to arise from the same.
13.Energy Efficiency:Mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat.
871).
[Signatures on next page]
Page 14
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
“CONTRACTOR”
Black Rock Construction Company, a
California corporation
By:_____________________
Its:_____________________
By:_____________________
Its:_____________________
l - &K 6PL4_,
B0����
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 40 10)
4. B-2 Federal Prevailing Wage Decision (CA Mod. )
5. B-3 Project Sign (SAMPLE)
6. B-5 County of Riverside Section 3 Affirmative Action Policy (Applicable for Projects $100,000 or more)
7. Additional Federal Requirements
16i orms
8. B-4 Certification of Bidder Regarding Non -segregated Facilities (Required for all Projects)
(� B-6 Bidder's Certification for Section 3 Compliance (Required for Projects $100,000 or more)
. 04-8
B-7 Bidder's Certification on Federal Contract Requirements (Required for all Projects)
Questionnaire Regarding Bidders (Required for all Projects)
v4t," B-9 List of Subcontractors and Suppliers (Required for all Projects)
Must be completed by all Subcontractors
Z[3.B-10 Subcontractor Certification for Section 3 Compliance (Required for Projects $100,000 or more)
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)
C I I Y UI
LA K(E 1"LSI ROKE ,
MIAMI I:XnUnu
ADDENDUM NUMBER 1
PROJECT TITLE: Street & Sidewalk Improvements along Heald Avenue & Peck Street
Phase 1
DATE: March 27, 2018
The following is an ADDENDUM to the contract documents for the above referenced project.
1. Updated General Wage Decision Number
Prospective bidders are required to acknowledge receipt of this addendum to the contract on
the bid proposal form.
Sincerely,
�"ee 90d'r
Farid Dost
Sr. Civil Engineer
City of Lake Elsinore
l,lll` ��I •n+
LFI KE LM I` ORE
�I� V Dio, ,fit CYI IUMt
ADDENDUM NUMBER 2
PROJECT TITLE: Street & Sidewalk Improvements along Heald Avenue & Peck Street
Phase 1
DATE: March 28, 2018
The following is an ADDENDUM to the contract documents for the above referenced project.
1. Geotechnical Report is now uploaded in PlanetBid.
2. Specifications — Section 10-4.2 (a) Remove and Dispose of Existing Wood Fence,
Chain Link Fence, Low Block Wall and Pilaster.
a. Replace first sentence in the second paragraph from "Payment for fence, wall
and pilaster removal shall be made at the lump sum price bid for "Remove
and Dispose Existing Fence, wall and pilaster," to "Payment for fence, wall
and pilaster removal shall be made at the lump sum price bid for "Clear and
Grub".
b. Replace first sentence in the fourth paragraph from "Payment for block wall
and pilaster removal shall be made at the lump sum price bid for "Remove
and Dispose of Existing Fence, Wall and Pilaster," to "Payment for block wall
and pilaster removal shall be made at the lump sum price bid for "Clear and
Grub".
3. Specifications — Section 10-4.2 (d) Remove or Dispose of Existing Bollard
a. Replace first sentence in the second paragraph from "Payment for bollard
removal shall be made at the unit price bid each for "Remove and Dispose of
Existing Bollard," to "Payment for bollard removal shall be made at the lump
sum price for "Clear and Grub".
4. Specifications — Section 10-4.2 (C) Remove and Dispose of Existing Concrete
Pavement
a. Add the following at the end of second paragraph "Removal and Disposal of
other existing improvements including both AC and Concrete pavement and
curbs identified in the plans but not shown in the bid schedule shall be paid
by lump sum price for "Clear and Grub".
5. Specifications — Section 10-16.2 Payment
a. Replace the last paragraph from "The Contractor shall provide ninety (90)
days of maintenance after the project is completed (notice of completion) and
accepted by the City and it shall be considered included in the lump sum bid
for 90 days Landscape Maintenance Period unless otherwise specify" to "The
Contractor shall provide ninety (90) days of maintenance and Warranty after
the project is completed (notice of completion) and accepted by the City and
it shall be included as part of item 21 in the Bid Schedule.
6. Bid Schedule values and items have been updated. Bid Schedule item 16 and item
17 quantities have been updated, item 21 description has been revised.
Prospective bidders are required to acknowledge receipt of this addendum to the contract on
the bid proposal form.
Sincerely,
Farid Dost
Sr. Civil Engineer
City of Lake Elsinore
CITY OF LAKE ELSINORE
CIP Project No. Z20017
FBI 81 J -;•ys
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z20017)
Company:
Honorable Mayor, Members of the Council:
In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the
City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby
proposes to furnish all Work to be performed in accordance with the Specifications, Standard
Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following
schedule:
Time of Completion: Eighty (80) Working Days from Issuance of Notice to Proceed
(NTP) by City to Contractor.
BID SCHEDULE
BID SCHEDULE
CDBG FUNDED IMPROVEMENTS
Note: Estimated quantities are for the purpose of Bid comparison only; payments will be made on the
basis of actual measurement of Work completed, except for lump sum (LS) and final pay (F) quantities.
(S) denotes a specialty item. The Bid Price shall include, but not be limited to, sales tax and all other
applicable taxes and fees.
ITEM
DESCRIPTION UNIT
BID QUANTITY
I
UNIT PRICE
AMOUNT
1
MOBILIZATION, DEMOBILIZATION AND
LS
1
CLEANUP
l3
3, y00
2
TRAFFIC CONTROL PLAN AND
LS
1
Y,o0 p
`l, ov a
IMPLEMENTATION
3
PREPARATION AND COMPLIANCE WITH
LS
1
SWPPP
4
DUST CONTROL AND WATER SUPPLY
LS
1
Z, S
2,
5
CONSTRUCTION SURVEY STAKING
LS
1
S �n
s S�
6
SAWCUT EXISTING A.C. PAVEMENT
LF
800
z .o b
/, a
7
GRIND & OVERLAY EXISTING AC PAVEMENT
SF
22,000
c9. $ o
17r 6Oo
1.5
8
_
REMOVE & DISPOSE EXISTING PAVEMENT,
SF
1,200
3. C9 0
3 600
BASE AND SUB -BASE
9 REMOVE & DISPOSE EXISTING CURB OR
LF
750
7_
b
CURB & GUTTER
C-7
REMOVE & DISPOSE EXISTING CONCRETE
10 SIDEWALK, DRIVEWAY, CROSS GUTTER &
SF
2,900
/5,0
SPANDREL
11
REMOVE & DISPOSE EXISTING CATCH BASIN
EA
1
Z go
o
12
REMOVE & DISPOSE EXISTING SIGNS
EA
2
-2-00
yo O
13
RELOCATE EXISTING SIGNS
EA
7
ZD 4
/ YD 0
14
ADJUST EXISTING METER, VALVE, MH COVER
LS
1
Z pop
Zao 0
TO GRADE
15
CONSTRUCT FULL DEPTH HOT MIX ASPHALT
TON
260le-?OTYPE
��,
A (INCLUDE AC FOR OVERLAY)
16
CONSTRUCT 6" CURB & GUTTER PER CITY
LF
430
Z Y
/moi 7S'O
STD. NO. 200
,p�
17
CONSTRUCT 4" THICK CONCRETE SIDEWALK
SF
2,900
PER CITY STD. NO. 210
18
CONSTRUCT COMMERCIAL DRIVEWAY PER
EA
3
Z $ O
�wo
CITY STD. NO. 118A
19
CONSTRUCT CURB INLET CATCH BASIN
EA
1
(W=4') PER CITY STD. NO. 302A
20
SIGNING, STRIPING AND MARKERS PER PLAN
LS
1
gsv0
STREET PARKWAY LANDSCAPE AND
21
IRRIGATION+ 90 DAYS WARRANTY AND
SF
2,000
(o, oo
MAINTENANCE.
GRAND TOTAL $ ( 132-1 $00
Total Bid: � ? 2( � c90, d 0
(Figures*)
Total Bid: g� Cl" /
C-8
4-1� 4L43
CITY OF LAKE ELSINORE
CIP Project No. Z10027
The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit
prices set forth herein and in case of default in executing such contract, with necessary bonds,
the check or bond accompanying this bid and the money payable thereon shall be forfeited
thereby to and remain the property of the City of Lake Elsinore.
The above unit prices include all work appurtenant to the various items as outlined in the
Specifications and all work or expense required for the satisfactory completion of said items. In
case of discrepancies between unit prices and totals, the unit prices shall govern.
The undersigned declares that it has carefully examined the Plans, Specifications, and Contract
Documents, and has investigated the site of the work and is familiar with the conditions thereon.
R--,Ck cc�,ns v
Contractor
Date; By: -
Contractor's State License No.: CN 3 3 OS
Class: a C'
Department of Industrial Relations Registration No: 51-1 Q0 ._
Registration Date: �- — l (-- k -7 Expiration Date: L
Address: 2Q1 M nV-�%Zz . SC
ao m ci'2 77-4
Phone:
FAX: Q qo�
C-9
CITY OF LAKE ELSINORE
CIP Project No. Z10027
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z10027)
The Bidder shall acknowledge the receipt of addenda by placing an "X" by each addendum
received.
Addendum No. 1
Addendum No. 2 X
Addendum No. 3
Addendum No. 4
If an addendum or addenda have been issued by the City and not noted above as being
received by the Bidder, the Bid Proposal may be rejected.
Bidder's ignatur
Print Name
C-10
Date
V -P
Title
CITY OF LAKE ELSINORE
CIP Project No. Z10027
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE i
NIB NO. (CIP PROJECT NO. Z10027)
STATE OF CALIFORNIA )
SS
COUNTY OF )
(NAME)Pcj_t"l FOL EV ► r�
affiant being first duly sworn, deposes and says:
That he or -she is
C]L
Of
(sole owner, padner or other proper title)
'a>l bels- '�Imc C wx,% 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)
Address
Q act L1.Qif1 S's � " l �—O�
Telephone No.: ` LL1 'a(eQ_ G2,1
Pri
Sic
Title: n&R ,Q- Date: < I c -i t-'Z�
SIGNI RG INSTRUCTIQNS TO THE BQNTHACTOR
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 follQwina thi§e. If the Bidder fails to properly sign or omits the required
signature, the bid will be considered non-responsive and will be rejected.
C-11
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.
State of California
County of ORANGE
Subscribed and sworn to (or affirmed) before me on this
day of r4W6% , 20Le_, by
I �j t`t,
proved to me on the basis of satisfactory evidence to be the
personwho appeared before me.
ROSS LEE LGUINDON
Notary Public - California
Orange County Z
Commission 8 2089077
My Comm, Ex kes Nav 7, 2018 t
(Seal) Signature ,
11
CITY OF LAKE ELSINORE
CIP Project No. Z10027
BOND NO. N/A
Mul T � : a ■
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE $ PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z10027)
KNOW ALL MEN OR WOMEN BY THESE PRESENTS:
That we Black Rock Construction Company , as PRINCIPAL,
hereinafter referred to as "Contractor", and Philadelphia Indemnity Insurance Company
a duly authorized corporate as "Surety," are held and firmly bound unto the City of Lake Elsinore in
the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor
above named, submitted by said Contractor to the City of Lake Elsinore for the work for said project
entitled above, for the payment of which sum in lawful money of the United States, well and truly to
be made, to the City of Lake Elsinore to which said bid was submitted, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally, firmly by these presents. In no case
shall the liability of the surety hereunder exceed the amount of Ten Percent of the Bid Amount
THE CONDITION OF THIS OBLIGATION IS SUCH:
That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore
as aforesaid for the work for said project entitled above.
NOW, THEREFORE, if the aforesaid Contractor is awarded the Contract and, within the time and
manner required under the Contract documents, after the prescribed forms are presented to him or
her for signature, enters into a written Agreement in the prescribed form and in accordance with
the Contract documents, and files two bonds with the City of Lake Elsinore, one to guarantee
faithful performance and the other to guarantee payment for labor and materials, in accordance
with said Contract documents, and as required by law, and files the required insurance
certificate(s) in accordance with said Contract documents, then this obligation shall be null and
void; otherwise, it shall be and remain in full force and effect until execution of the Agreement or
forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall
pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the
court.
(SIGNATURE PAGE FOLLOWS)
C-12
CITY OF LAKE ELSINORE
CIP Project No. Z10027
Lin �� ; :• ; a
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z10027)
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this 5th day of March , 2018
BIDDER:
Contractor Name: Black Rock Construction Company
Address:
929 Mariner St., Brea, CA 92821
Telephone No.: 909 393-2000
Print Name: Bill Goshen, Jr.
Title: Vice President
CORPORATE SURETY:
Philadelphia Indemnity
Company Name: Insurance Company
Address:
251 S. Lake Ave., Suite 360
Pasadena, CA 91101
Telephone No
(626) 639-1320
Print Name: Shane Wolf
Title: Attorney -in -Fact
Signature: Signature:
Date: March 5 2018 Date: March 5, 2018
SIGNING INSTRUCTIONS TO THE CONTRACTOR
Bidder's Bond must be accompanied by notary certificates for EACH signature. Note the
description of the document on the notary certificate. Attach BOTH notary certificates
immediately following this page.
Corporate Seal may be affixed hereto.
The attorney-in-fact for corporate surety must be registered, as such, in at least one county
in the State of California. Attach one original Power of Attorney immediately following the
notary certificates.
If the Bidder fails to properly sign or omits the required signatures, the bid will be considered
non-responsive and will be rejected.
C-13
CERTIFICATE OF ACKNOWLEDGMENT
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.
State of California
County of Orange }
On MAR - 5 2018
before me, Beata A. Sensi, Notary Public
ere insert name ana inle o t e o icer
personally appeared Bill Goshen, Jr.
who proved to me on the basis of satisfactory evidence to be the person(* whose
names) is/afe subscribed to the within instrument and acknowledged to me that
hefshefttey executed the same in his/her/H1eir authorized capacity6es), and that by
his/heFAhew signatures) on the instrument the person(s), or the entity upon behalf of
which the person() 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.
�L °fu P.l:AiAlr. SEMS!
'if'' Nalary Public - ENSIrnia
' ,, . r ormw courly p
WITNESS my han and official seal. c�,nn„ r P2022t 4
MyConun. E pirp pec f4, Pa21
JA ;6
L
Notary u lic Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
6 ;d- &,n d
(Title or description of attached document)
Black Rock Construction Company
(Title or description of attached document continued)
Number of Pages Q Document Date—3ZZ-5-LI8
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
El Corporate Officer
Vice President
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknolwedgenis from
other states may be completed for documents being sent to that state so long as the
wording does not require the California notary to violate California notary law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment,
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed,
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public),
• Print the name(s) of document signer(s) who personally appear at the time of
notarization
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e,
he/she/tkey, is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary)-
• Securely attach this document to the signed document with a staple.
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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.
State of California
County of Oran
On March 5, 2018
before me, Susan E. Morales, Nota Public ,
ere insert name and title or the o icer)
personally appeared Shane Wolf ,
who proved to me on the basis of satisfactory evidence to be the person* whose
nameH is/afe subscribed to the within instrument and acknowledged to me that
hefsheithey executed the same in hisfhet ftheir authorized capacity(fes), and that by
hist"t„ hei signature* on the instrument the person(s), or the entity upon behalf of
which the person(•) 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 my hand and official seal.
Notary Public Signature (Notary Public Seal)
s
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Bid Bond
(Title or description of attached document)
Philadelphia Indemnity Insurance Co.
(Title or description of attached document continued)
Number of Pages 2 Document Date 3/5/18
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
p Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www. NotaryClasses. corn 800-873-9865
`-v�•;: a6. ata :•...•.:�q.�,•
AN f,. PA0RAI-ES
C'
:• CGMMIf 2' 017038
NOTARY PUBLIC -
CALIFORNIA if
LT
ORANGF- t,oU?� i -y
x MY COMM. Expires March 28, 20IS.
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
wording does not require the California notary to violate California notary law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/tom is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document,
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
Bid Bond
PHILADELPHIA INDEMNITY INSURANCE COMPANY
231 St, Asaph's Rd., Suite 100
Bina Cynwyd, PA 19004-0950
Power of Attorney
KNOW A1,[, PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Todd M. Robin, Shane Wolf, Cheryl L. Thomas and Beata A.
Sensi of Rohm Insurance Agency, its true and lawful Attorney -in -Fact with full authority to execute on its behalf bonds, undertakings, recognizan.ces and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to hind the Company thereby, in an amount not to exceed
S25,000,000.00,
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adapted by the Board of Directors of
PHILADELPHIA INDLMNI'IY INSURANCE. COMPANY at a meeting duly called the I" day of July, 201 l
RESOLVED: Tlrat the Board of Directors hereby authorizes rhe President or any Vice President of the
Company to: (l) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto, and (2) to remove, at any time, any such Attomcy-in-Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile si6matures and facsimile seal shall he
valid and hiding upon the Company in the future with the respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WIIEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED IIJIS INSTRUMEWI`TO BE SIGNED AND
ITS CORPORATE SEAL; ['O BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 10"' DAY OF JUNE 2013.
�Futr-
��
Ta •L~ •a /
1927
sc
(Seal)
Robert D. O'Lcary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 100i day of June 2013, before me carne the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the Pill LADELPIILI INDEMNITY INSURANCE COMPANY, that the seal affixed to said instrument is the
Corporate seat of said Company, that the said Corporate Seal and his signature were duly affixed.
v �
Irv�s sok
wrovy A. frusta. nury KM
wrn rMrm!�h YUrry
44��cc a our
FHM 7f1'M:rF
(Notary Seal)
Notary Public.
residing at:
My commission expires:
Bala Cynwyd- PA
Ueeember 18.2016
I, Edward Sayago, Corporate Secretary of PHIC.ADELPI IIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of
Directors and this Power of Attomey issued pursuant thereto on this Ioru day oflune 2013 true and correct and are still in full force and effect. I do further certify that
Rohert D O'Leary Jr., who executed the Power of Attorney as President, wus on the date of execution of the attached Powtr of Attomey the duly ei acted President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof[ have subscribed my name and affixed the facsimile seal of each Company this 5th day of March 20 18
if ur Y`'.. •• fit, 'SS l
` t 2 7 ' Edward Sayago; Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
4?
CITY OF LAKE ELSINORE
CIP Project No. Z10027
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z10027)
The bidder is required to fill in the following blanks in accordance with the provisions of the
Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the
Government Code of the State of California) and should familiarize itself with Sections 2-3 of the
Standard Specifications.
Name Under Which Subcontractor is Licensed: Ofl`�` ,n
License Number: 610 3 C, 6 -- 4�-
Address of Office, Mill or Shop:'firo l -Q L.f' � �_ ^-e -
Specific Description of Sub -Contract: and Bid Items of Work: Ak-J _111_t6
Name Under Which Subcontractor is Licensed:C : `( ac, n !�
License Number: ci°11 I'Z2
Address of Office, Mill or Shop:
.V t314 C'
Specific Description of Sub -Contract: and Bid Items of Work !S-W;Q:n (n
Name Under Which Subcontractor is Licensed:'---��
License Number:
Address of Office, Mill or Shop: V-) CSS Sk'R&Qk- C(
Specific Description of Sub -Contract: and Bid Items of Work:
Name Under Which Subcontractor is Licensed:
License Number: 7 20 7
Address of Office, Mill or Shop:
Specific Description of Sub -Contract: and Bid Items of 1
L(, Je,_eu/.7e-
�� L c orC,%�,, f"r cr °� D
Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed
under the laws of the State of California for the type of work that they are to perform. Do not list
alternate subcontractors for the same work.
C-14
CITY OF LAKE ELSINORE
CIP Project No. Z10027
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z10027)
Failure to demonstrate adequate experience may result in rejection of the bid.
For all public agency projects with a similar scope of work which you have worked on (or are
currently working on) in the past three (3) years, provide the following required information:
Name (Firm/Agency) C N
Address
Project Title y w w, -&�v
Project Location C' TLr w %CN -1
Type of Work a C-Omr A k
Project Manager Contact
Phone
Dated Completed Contract Amount "400.00' '
!
2. Name (Firm/Agency) C -1"'C!1 31L L.&- 114p�-m
Address
Project Title
Project Location C.> 7n 1r -s' . r> -
Type of Works
Project Manager Contact Phone
Dated Completed „ 7 - 1(-( i Contract Amount IaSi 0'
3. Name (Firm/Agency) C-17!1. O� CcStIC6 1`--1Qr�h'&
Address
Project Title tel, l� �'Pco�I�t 1SJ
Project Location L'4"' , _
Type of Work
Project Manager Contact _ Phone
Dated Completed 3 i - I Contract Amount 11P01000 f
C-15
CITY OF LAKE ELSINORE
CIP Project No. Z10027
List any other projects (private, older than three (3) years, etc.) that may represent qualifying or
similar experience:
4. Name (Firm/Agency) 'I c)L- ups i�
Address
Project Title t -L IO -q
Project Location C -VN � w'
Type of Work rr>t' Lv'r-':�:R
Project Manager Contact _ Phone
Dated Completed S� Contract Amount 3-79Dop r
5
Name (Firm/Agency) Gz'r-H 0-L. Lit i9(si noa--1
Address
Project Title
Project Location
Type of Work-`-�'4�k
Project Manager Contact
Dated Completed
6. Name (Firm/Agency)
Address
Project Title
Project Location
Type of Work
Project Manager Contact
Dated Completed
Phone
Contract Amount 3, pow ^
Phone
Contract Amount
C-16
CITY OF LAKE ELSINORE
CIP Project No. Z10027
Kel ■.. m oT, IEel air, I. -11671
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z10027)
Contractor's License No.
ct, N 330 Class: 1:
a. Date first obtained: 21 zoao\ Expiration Z `20 z,:>
b. Has License ever been suspended or revoked?
If yes, describe when and why.
1r` O
c. Any current claims against License or Bond? VN 0
If yes, describe claims:
Principals in Company (List all — attach additional sheets if necessary):
W!
_ 1>r R3
f�
S'04 n
C-17
LICENSE NO.
(If Applicable)
CITY OF LAKE ELSINORE
CIP Project No. Z10027
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z10027)
Has your firm or its officers been assessed any penalties by an agency for noncompliance
or violations of Federal, State or Local labor laws and/or business or licensing regulations
within the past five (5) years relating to your construction projects?
YE NO (circle one)
Federal / State / Local (circle one)
If "YES," identify and describe, (including agency and status):
Have the penalties been paid? YES / NO (circle one)
2. Does your firm or its officers have any ongoing investigations by any public agency
regarding violations of the State Labor Code, California Business and Professions Code or
State Licensing Laws?
YES�f NO� (circle one)
Code/Laws:
Section/Article:
If "yes," identify and describe, (including agency and status):
I � GIZ4� tv" --
Print Name
�1IZOL, i�, C
Contractor Name
C-18
Title
CITY OF LAKE ELSINORE
CIP Project No. Z10027
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z10027)
Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm
ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or
completing a federal, state or local project because of a violation of law or a safety regulation?
YES / (NON (circle one)
If yes, provide the following information (if more than once, use separate sheets):
Date:
Location:
Reason:
Entity:
Provide Status and any Supplemental Statement:
Has your firm been reinstated by this entity?
YES / NO (circle one)
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
"rhe above certification is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Certification.
�i131►
Signat�rr'e /r j ,
13.1 4r e,,
Date
UP
Print Name
Title
Contractor Name
h>('
C-19
If the Bidder fails to properly sign or omits the required signature, the bid will be considered
non-responsive and will be rejected.
TIL TY ,I;MEN
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z10027)
HONORABLE MAYOR AND CITY COUNCIL
CITY OF LAKE ELSINORE, CALIFORNIA
The undersigned hereby promises and agrees that in the performance of the work specified
in this contract for Project No. Z10027, CDBG Street & Sidewalk Improvements, (l) (we) (it)
will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to
any electrical secondary, primary or transmission facilities. The term "Qualified person" is
defined in Title 8, California Administrative code, Section 2700, as follows:
Qualified Person: A person who by reason of experience or instruction, is familiar
with the operation to be performed and the hazards involved."
The undersigned also promises and agrees that all such work shall be performed in
accordance with all applicable electrical utility company's requirements, Public Utility
Commission orders, and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are
binding upon any subcontractor or subcontractors that may be retained or employed by the
undersigned, and that the undersigned shall take steps as are necessary to assure
compliance by any said subcontractor or subcontractors with the requirements contained
herein.
gnat9 '
Name
itle
relNjCS, c C oc"...1C _
Contractor Name
C-20
PUBLIC CONTRACT CODE
STREET & SIDEWALK IMPROVEMENTS
ALONG HEALD AVENUE & PECK STREET PHASE I
NIB NO. (CIP PROJECT NO. Z10027)
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376, State. 1985), the bidder
hereby declares under penalty of perjury under the laws of the State of California that the bidder has
, has not_ � been convicted within the preceding three years of any offenses
referred to in that section, including any charge of fraud, bribery, collusion conspiracy, or any other
act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or
performance of, any public works contract, as defined in Public Contract Code Section 1101, with
any public entity, as defined in Public Contract Code Section 1100, including the Regents of the
University of California or the Trustees of the California State University. The term "bidder" is
understood to include any partner, member, officer, director, responsible managing officer, or
responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not' in one of the blank spaces
provided. The above Statement is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Statement. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty
of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest
in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or
completing a federal, state, or local government project because of a violation of law or a safety
regulation:
Yes, No
If the answer is yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty
of perjury, that no more than one final unappealable finding of contempt of court by a federal
court has been issued against the Contractor within the immediate preceding two-year period
because of the Contractor's failure to comply with an order of federal court which orders the
Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders
are cautioned that making a false certjfie6fion may subject the certifier to criminal prosecution.
Date
C� C
Print Name Title
Contractor Name C-21
EXHIBIT B-4
Required Bid Form
CERTIFICATION OF BIDDER
REGARDING NONSEGREGATED FACILITIES
S-�Pxm �DcuA -A Ztoo a7
Project Name:n-i ILl~4 �L1V� � sem,
Name of Bidder: 94 pz-k C.s
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:
/GC6�Zr\
Name (Print):?---::,; l
Title: V
Date:
Page 1 of 3
EXHIBIT B-6
Required Bid Form for bids
$100,000 or more
BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE
(Housing and Community Development Act of 1968)
Project Title: Z (00 Amount of Bid:
(�Z, �0.7
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 1968, and further certifies
adoption of, and adherence to, said program, and certifies understanding of
the following for all construction contracts over $100,000.
I. Em to ment Opportunities
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:
a. Contact the U.S. Department of Housing and Urban Development (HUD)
Section 3 website at to review the list of certified
Section 3 persons, within Riverside County, to be considered for available
employment opportunities; and
In/al Here
b. Forward to the Economic Development Agency all detailed job descriptions
for new employment opportunities and Section 3 reports, in a form, at a place,
and at a time as directed by the Economic Development Agency.
Iw`j kfl Here
Complete your proposed workforce plan for this project below:
Init' 1 Here
JOB CATEGORY NUMBER OF NUMBER OF NEW HIRES
CURRENT NEW HIRES PROPOSED TO BE % OF NEW HIRES TO BE
POSITIONS SECTION 3
IF SECTION 3 RESIDENTS
AWARDED
BID
PROFESSIONALS
TECHNICIANS
OFFICEICLERICAL
:ONSTRUCTION BY
TRADE
TRADE
L c� o/
TRADE
TRADE
�PvQho/
TRADE
TRADE
TRADE
APPRENTICE
OTHER
TOTAL
Page 2 of 3
EXHIBIT B-6
Page 3 of 3
BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE
11. Subcontracting Opportunities
a. I understand and agree that for any and all subcontracting opportunities that may result
from this CDBG-funded project, I will contact the U.S. Department of Housing and Urban
Development (HUD) Section 3 website at wwwjwd.goylsectinn3 to review the list of
certified Section 3 Businesses, within Riverside County, to be considered for available
subcontracting opportunities prior to selecting any subcontractor for my bid submittal.
I ' al Here
b. 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.
Initial Cie
Comolete your Subcontracting Plan for this project below:
AMOUNT OF IS THE SUBCONTRACTOR IF SUBCONTRACTOR IS SECTION 3, INDICATE
SECTION 3 ELIGIBLE? ELIGIBLE STATUS.
SUBCONTRACT($)
TRADE
YES OR NO
51% OWNER I 30% EMPLOYEE
Sr�CI� i167' 0a
G rV c
* Add additional sheets if necessary
lQ ak- c -'S
Bidder (Company)Name:
Authorized Representative (Type Name):
Signature:
Date:
EXHIBIT B-7
Required Bid Form
COUNTY OF RIVERSIDE
CDBG PROGRAM
BIDDER CERTIFICATION ON
FEDERAL CONTRACT REQUIREMENTS
PROJECT NAME: a
CERTIFICATION:
I hereby certify that I have reviewed and understand the diversified Federal
construction contract related requirements imposed on the Contractor(s) of HUD -
funded construction projects, including but not limited to the following:
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 - revised 06/2009); and
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 U.S.C.1701u).
CONTRACTOR'S NAME: i-�C- .'L 0-
CONTRACTOR'S LICENSE NO.: ay330
ADDRESS: 6( &'O\ i�A��n► �� • 1��Q� 9
AUTHORIZED REPRESENTATIVE: i
SIGNATURE:
DATE:
Iype Name)
EXHIBIT B-8
Required Bid Form
QUESTIONNAIRE REGARDING BIDDERS
Bidder Ihas been a aged in three contracting business under the present name of
Til INa < �--�1� . , since -2_,900% q (Date).
Present business address is: Ckc1c-, %l4e we -4- Sr C_ 1 i�
Federal Tax ID: art- �"1"S Amount of Bid $
California Contractor's License No.: 014330_1? Expiration Date: SL l aA 12pzzz�
DUNS Number:8;,s - 63L;- SZyZ or CAGE Code:
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
91 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 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:
❑ Section 3 Business concern N(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 7711e 12; United States Code, Section 1701 et seq., and other regulations. 1t will not be
disclosed or released outside of HUD without your consent, except as required or permitted by law.
SUCONTRACTOR
i
OA
EXHIBIT B-9
Required Bid Form
LIST OF SUBCONTRACTORS
FED. I. D.# AMOUNT ADDRESS/PHONE NO.
SUPPLIERS
NAME OF SUPPLIER ADDRESS/PHONE NO. CONTRACT AMOUNT
This form is to be completed and submitted with the bid package.
Page I of 2
EXHIBIT B-10
Required Bid Form for bids
$100,000 or more
SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE
MUST BE COMPLETED BY ALL SUBS
(Housing and Community Development Act of 1968)
Project Title: Ste` Gk )- S�c
Amount of Subcontract: C(,,p J
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 1968, and further certifies
adoption of, and adherence to, said program, and certifies understanding of
the following for all construction contracts over $100,000:
a. I understand and agree that in the event that I am awarded a subcontract, and
in the event that any new employment opportunities are created as a result of
this CDBG-funded project, I will contact the U.S. Department of Housing and
Urban Development (HUD) Section 3 website at www.htjd.gov/.,;ectioii-,) to
review the list of certified Section 3 persons, within Riverside County, to be
considered for available employment opportunities;
Initial Here
b. 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. 4'l
Initial Here
Page 2 of 2
Complete your proposed workforce plan for this project below:
EXHIBIT B-10
JOB CATEGORY
CURRENT
POSITIONS
NUMBER OF
NEW HIRES
IF
AWARDED
BID
NUMBER OF NEW HIRES
PROPOSED TO BE
SECTION 3 RESIDENTS
% OF NEW HIRES TO BE
SECTION 3
PROFESSIONALS
TECHNICIANS
OFFICEICLERICAL
CONSTRUCTION BY
TRADE
TRADE
TRADE
TRADE
TRADE
TRADE
TRADE
APPRENTICE
TRAINING
OTHER
4
`+
TOTAL
Bidder (Company) Name: 5�v 1)-�Z
—� ¢ ��a
Authorized Representative (Type Name):
Signature:
Date: Z
Page 1 of 2
EXHIBIT B-10
Required Bid Form for bids
$100,000 or more
SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE
MUST BE COMPLETED BY ALL SUBS
(Housing and Community Development Act of 1968)
Project Title:'`'` r cam/
Amount of Subcontract: A,eO °
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 1968, and further certifies
adoption of, and adherence to, said program, and certifies understanding of
the following for all construction contracts over $100,000:
a. 1 understand and agree that in the event that I am awarded a subcontract, and
in the event that any new employment opportunities are created as a result of
this CDBG-funded project, I will contact the U.S. Department of Housing and
Urban Development (HUD) Section 3 website at www.htid.gov/section3 to
review the list of certified Section 3 persons, within Riverside County, to be
considered for available employment opportunities;
Initial Here
b. 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.
Initial Here
Page 2 of 2
Complete your proposed workforce plan for this project below:
EXHIBIT B-10
JOB CATEGORY
CURRENT
POSITIONS
NUMBER OF
NEW HIRES
IF
AWARDED
BID
NUMBER OF NEW HIRES
PROPOSED TO BE
SECTION 3 RESIDENTS
% OF NEW HIRES TO BE
SECTION 3
PROFESSIONALS
TECHNICIANS
OFFICEICLERICAL
CONSTRUCTION BY
TRADE
TRADE
J
(p
TRADE
TRADE
TRADE
TRADE
TRADE
APPRENTICE
TRAINING
OTHER
TOTAL
Bidder (Company) Name: U16 "o
Authorized Representative (Type Name): e 42 r U 4 1 a
Signature:
Date: �� 0
Page t of 2
1EXHtBI`I' B-10
Required Bid Form for bids
$100,000 or more
SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE
MUST DE COMPLETED BY ALL SUDS
(Housing and Community Development Act of 1968)
Project Title: 5/-r-c�r L
Amount of Subcontract: Y-0,-
The
7O
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 1968, and further certifies
adoption of, and adherence to, said program, and certifies understanding of
the following for all construction contracts over $100,000:
a. I understand and agree that in the event that I am awarded a subcontract, and
in the event that any new employment opportunities are created as a result of
this CD13G-funded project, I will contact the U.S. Department of Housing and
Urban Development (HUD) Section 3 website at�t-i0l=-' to
review the list of certified Section 3 persons, within Riverside County, to be
considered for available employment opportunities;
Initial Here
b. 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.
Initial Here
Page 2 of 2
Complete your proposed workforce plan for this project below:
EXHIBIT B-10
JOB CATEGORY
CURRENT
POSITIONS
NUMBER OF
NEW HIRES
IF
AWARDED
BID
NUMBER OF NEW HIRES
PROPOSED TO BE
SECTION 3 RESIDENTS
% OF NEW HIRES TO BE
SECTION 3
PROFESSIONALS
TECHNICIANS
OFFICE/CLERICAL
CONSTRUCTION BY
TRADE
TRADE
C�,cS co
j
(Y
TRADE��� �
TRADE
TRADE
TRADE
TRADE
APPRENTICE
TRAINING
OTHER
TOTAL
Bidder (Company) Name: D�''"�� �2e� -
ALItllo6zed Representative (Type Name): " S f
S i bnat� Ire: t&2�2t�� —
Date:
�, Z,
Page 1 of 2
FAITIRIT H_}il
Required laid Form for bids
$100,000 or more
SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE
MUST BE, COMPLETED BY ALL SUBS
(Housing and Community Development Act of 1968)
Project Title: Street & Sidewalk Improvements
Amount of Subcontract: ; Z i
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 1968, and further certifies
adoption of, and adherence to, said program, and certifies understanding of
the following for all construction contracts over $100,000:
a. I understand and agree that in the event that I am awarded a subcontract, and
in the event that any new employment opportunities are created as a result of
this CDBG-funded project, I will contact the U.S. Department of Housing and
Urban Development (HUD) Section 3 website at www.hud.gqv/section3 to
review the list of certified Section 3 persons, within Riverside County, to be
considered for available employment opportunities; �R
Initial He
b. 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. 0
Initial )-VI,
Page 2 of 2
Complete your proposed workforce plan for this project below:
11"XI 1131-I' 13.10
r
Bidder (Company) Name; OATTV-&CK-1 10
Authorized Repre Ative Type in V {�
Signature;
Date: YZ �? al
NUMBER OF
JOB CATEGORY
CURRENT
NEW HIRES
NUMBER OF NEW HIRES
% OF NEW HIRES TO BE
POSITIONS
IF
AWARDED
PROPOSED TO BE
SECTION 3 RESIDENTS
SECTION 3
BID
PROFESSIONALS
TECHNICIANS
OFFICEICLERICAL
CONSTRUCTION BY
R
TRADE
T�vrl pl C -I 1
TRADE
TRADE
TRADE
TRADE
TRADE
P NTI
*10v-11
TRA NG
OTHER
-
TOTAL
r
Bidder (Company) Name; OATTV-&CK-1 10
Authorized Repre Ative Type in V {�
Signature;
Date: YZ �? al
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