STAFF REPORT
DAT
E: August 10, 2021
T
O: Justin Hess, City Manager
F
ROM: Patrick Prescott, Community Development Director
By: David Kriske, Assistant Community Development Director S
UBJECT: Approval of a Reimbursement Agreement with Krismar Construction Co. Inc. to Construct Pedestrian Safety Improvements at the Buena Vista St./Riverside Dr. Intersection as Part of a Transportation Mitigation Measure for the Burbank Studios Master Plan (Warner Bros. Second Century Project)
RECOMMENDATION
1) Approve a Reimbursement Agreement with Krismar Construction Co. Inc. (Attachment 1) to reimburse the Developer of the Burbank Studios Master Plan for the costs to construct additional pedestrian safety improvements at the Buena Vista Street/Riverside Drive Intersection as part of a transportation mitigation measure required by the project’s Final Environmental Impact Report; 2) Authorize the Community Development Director to make minor modifications to the Reimbursement Agreement, subject to review by the City Attorney’s Office, and to execute the final Agreement on behalf of the City, and; 3) Amend the Fiscal Year Budget in the amount of $157, 120 to pay for the pedestrian improvements to be constructed through the Agreement.
BACKGROUND
The Burbank Studios Master Plan (formerly the NBC Studios Master Plan) is a Planned Development and Development Agreement that establishes development rights for the Burbank Studios campus located at 2900 and 3000 West Alameda Avenue. Approved by the City Council in 1997 and amended in 2013, the Master Plan allows for the construction of up to 1,825,865 square feet of studio campus space. The site is currently improved as a studio campus and media office space, and construction of additional media office space is currently underway as part of the Warner Bros. Second Century project.
T
he expansion of the Burbank Studios campus as part of the Master Plan requires that various transportation mitigation measures be constructed at intersections surrounding the project to alleviate increased traffic congestion caused by the expanded facilities.
Throughout the life of the plan, these intersection transportation improvements ar e
COMMUNITY
DEVELOPMENT
ATTACHMENT 2-1
ATTACHMENT 2
constructed over time in concert with the buildout of the Master Plan. For each intersection improvement, a square footage “trigger” is established that determines when each improvement must be constructed. The construction of Phase 1 of the Second Century Project has triggered an improvement to be made at the intersection of Buena Vista Street and Riverside Drive near the State Route 134 freeway, and the developer is currently preparing to construct the improvements identified in the Master Plan for this location. These improvements consist of traffic signal upgrades and minor turn lane striping that allows for more efficient movement of north-south traffic through the intersection. As part of the signal improvements required for the mitigation measure, the City has identified some additional City improvements that are recommended to address pedestrians crossing Riverside Drive and the westbound State Route 134 onramp. The Burbank Studios developer is not responsible for these safety improvements but can more easily construct them at the same time the mitigation measure is installed. A Reimbursement Agreement is required so that the City may reimburse the developer for the cost of c onstructing these additional safety improvements.
DISCUSSION
Staff recommends that these safety improvements be installed to address three specific issues related to pedestrians travelling through the intersection. The proposed improvements consist of the following three elements (Attachment 2):
• Signalize the existing pedestrian crossing where the existing sidewalk along the north side of Riverside Drive crosses the westbound State Route 134 onramp. While this crossing is within the signalized intersection, the crossing itself is uncontrolled.
Pedestrians must currently walk across the entrance to a high-speed freeway onramp without the benefit of a signalized pedestrian crossing. The geometry of the intersection provides limited visibility of any crossing pedestrians to drivers entering the ramp. The proposed improvement would provide a pedestrian signal to pedestrians indicating when it is safe to cross and would provide an illuminated warning sign to right turning vehicles indicating that pedestrians are in the crosswalk. • Install an ADA-compliant pedestrian ramp at the northeast corner of the intersection.
The current ramp does not meet ADA standards and the new ramp would improve disabled access to pedestrians crossing Buena Vista Street and Riverside Drive. • Install LED safety lighting on existing streetlights. Staff recommends that the existing intersection safety lighting be upgraded to LED standards. The lighting will increase the illumination on the intersection to current standards thereby improving drivers ’ visibility to pedestrians crossing at night.
Staff believes these improvements are necessary to increase pedestrian safety at this busy intersection. While the intersection primarily serves vehicle traffic coming to and from the SR-134 freeway, it also provides important pedestrian access to Disney Studios and Johnny Carson Park, and is immediately adjacent to an entrance to Providence High School.
Because this busy intersection serves these additional pedestrian uses, staff beli eves the improvements are necessary and should be constructed in concert with the mitigation measure required as part of the Burbank Studios Master Plan.
Staff recommends that the most efficient way to construct these additional improvements is to ask the Burbank Studios developer to construct them when they build their required ATTACHMENT 2-2
mitigation measure improvements. Both the mitigation measure improvements and the staff- recommended additional improvements require traffic signal modifications, installation of new underground conduits, and minor concrete work at the intersection. Both improvements require coordination, permitting, and approval by Caltrans because the intersection includes freeway on- and off-ramps. And both improvements require complex traffic co ntrol during construction to route traffic around the construction area. Because of these factors, staff believes it is more cost effective to construct these improvements at the same time.
Should the City Council wish to construct these improvements at t he same time as the Burbank Studios mitigation measure, staff recommends the City Council direct staff to execute a Reimbursement Agreement with the Burbank Studi os developer’s construction company, Krismar Construction Co. Inc., that would allow the developer to build the City’s safety improvements and be reimbursed by the City upon completion. The proposed agreement outlines the scope of work, cost, schedule, and other parameters dictating the construction, and requires that the City pay the developer the actual cost of the improvements.
The total cost of the improvements is estimated to be $142,836, and adding an additional 10 percent construction contingency would bring the total cost to $157,120. This estimate is firm as it is based on actual bids received by the developer to build the safety improvements. Staff recommends the City Council appropriate $157,120 in Transportation Development Impact Fees to pay for the improvements. Development Impact Fees are paid by this project and other developer s to offset transportation impacts caused by new development, and are an appropriate funding source to improve operations at this major city intersection. As discussed above, the other signal improvements that improve vehicle traffic efficiency through the intersection are a mitigation measure for the Burbank Studios project and will be paid by the developer.
California Environmental Quality Act
The traffic signal improvements being constructed at this intersection are part of a project mitigation measure for the Buena Vista Street / Riverside Drive / SR-134 Ramps intersection included in the Burbank Studios (formerly NBC Studios) Master Plan Final Environmental Impact Report certified by the City Council in 1997, which was subsequently affirmed by the Burbank Studios Master Plan Development Agreement Supplemental Environmental Impact Report certified by the City Council in 2013. The city safety improvements are a recommended component of the mitigation measure that will improve safety for pedestrians travelling through the intersection while providing the additional capacity needed to accommodate expected vehicle traffic caused by the buildout of the Master Plan.
FISCAL IMPACT
Staff is requesting City Council authority to amend the Fiscal Year (FY) 2021-22 Budget by appropriating $157,120 from account 127.ND000.30011.0000 (Public Improvements, Non- Departmental, Assigned Fund Balance) to project account 127.CD33A.70002.0000.24329 (Public Improvements, Transportation, Street Improvements, Buena Vista/Riversid e Pedestrian Safety Improvements) for improvements at Buena Vista Street and Riverside Drive as part of the Transportation Mitigation Measure for the Burbank Studios Master Plan (Warner Bros. Second Century Project).
ATTACHMENT 2-3
CONCLUSION
While buildout of the Burba nk Studios Master Plan is currently underway for the Second Century Project, the Master Plan requires that an intersection improvement at Buena Vista Street and Riverside Drive be constructed to mitigate traffic caused by the project . A separate set of city improvements is recommended to improve pedestrian safety at this busy intersection. The proposed safety enhancements improve pedestrian routes serving Disney Studios, Johnny Carson Park, and Providence High School, and implement the City’s Complete Streets Plan by improving safety of all intersection users. Should City Council wish to build these improvements, Staff believes that they are best constructed at the same time as the mitigation measure, and requests that the City Council enter into a Reimbursement Agreement with Krismar Construction Co. Inc. so that the City may reimburse the Burban k Studios developer for the costs to construct them.
ATTACHMENT
Attachment 1 – Draft Reimbursement Agreement
Attachment 2 – Photo of Proposed Safety Improvements
ATTACHMENT 2-4
Reimbursement Agreement
THIS AGREEMENT is made and entered into this _____ day of _____ _____________, 20___ (“Effective Date”), by and between the CITY OF BURBANK, a munic ipal corporation, hereinafter designated "City", and KRISMAR CONSTRUCTION CO. INC., a California corporation, hereinafter designated "Contractor" (collectively, the “Parties”).
RECITALS
I. Contractor is currently constructing roadway improvements re lated to development of Planned Development No. 96-1 at the Buena Vista Street / State Route 134 Ramps and Riverside Drive Intersection under Caltrans Permit No. 07-20-NSN-2901.
II. City desires that Contractor also construct, at City’s cost and expense, specific traffic signal modifications and pedestrian crossing improvements at the pedestrian crossing of the State Route 134 westbound onramp along the north side of Riverside Drive west of Buena Vista Street, and an upgraded pedestrian ramp at the northeast corner of the intersection,
III. Contractor agrees to perform Work for CITY, as specified i n this Agreement.
IV. Pursuant to Burbank Municipal Code Section 2-2-112(B), the City’s City Manager has determined that it is in the best interests of the City to dispense with competitive bidding in the procurement of the supplies and services being purchased by the City under this Agreement.
The Parties hereto mutually agree as follows:
GENERAL CONDITIONS
1. SCOPE AND CONTRACT PRICE
A. The Scope of Work for this Agreement includes (Scope of Work ) (the “Work”). The specific Scope of Work is more specifically described in Exhibit A, attached and incorporated herein.
B. The total compensation (including but not limited to all fee s, expenses, reimbursements, or other costs) payable by the City to the Contractor under this Agreement shall not exceed the sum of $142,836 (“Contract Price”), as further described in Exhibit B, attached and incorporated herein.
2. CONTRACTOR'S LICENSE CLASSIFICATION
Contractor holds a valid Class B License No. 290899, and its sub-contractors possess valid Class A, C, or other applicable licenses at the time that this Agreement is ex ecuted and throughout the Term of this Agreement. Contractor and all subcontractors must maintain current licensing throughout the life of the project.
No contractor or subcontractor may be listed in this Agreement or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
This project is subject to compliance monitoring and enforcemen t by the Department of Industrial Relations.
3. TIME FOR COMPLETION
Contractor shall complete the Work in accordance with this Agreement within 120 consecutive calendar ATTACHMENT 2-5
days, from and after the City’s Notice to Contractor to commence work hereunder, including time required for any design, agency approval(s), procurement, shipping, inst allation, inspection(s), testing, and final acceptance.
4. TERMINATION OF AGREEMENT
The City may terminate this Agreement, with or without cause, at any time by the City after giving thirty (30) days written notice to the Contractor. In the event of te rmination without cause, City agrees to reimburse Contractor for its reasonable expenses incurred prior to the date of the notice of termination and any reasonable expenses necessary to restore the premises to a safe condition.
5. BONDS
Contractor shall promptly furnish, at his own cost and expense, the requisite Faithful Performance and Payment Bonds with a responsible Corporate Surety authorized to issue such bonds in California on the bond forms provided by the City and attached hereto as Exhibits F and G, (or form approved by the City Attorney) and subject to approval of the City Attorney.
A. Faithful Performance Bond. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the maximum amount of the Contract Price, including any escalation and continued upon the faithful performance by the said Contractor of all covenants, terms, conditions and stipulations in the manner specified therein, and that all materials used and workmanship employed in the performance of the Agreement shall be free from defects, and that should any defects therein appear within a period of one (1) year from the date of acceptance by the City, the Contractor shall, at his own cost and expense, repair, replace and correct such defects to the satisfaction of the Project Manager within thirty (30) days after notice thereof by the City.
B. Payment Bond. The Contractor shall, in addition to the Faithful Performance Bond, furnish a Payment Bond in the sum of not less than one hundred percent (100%) of the maximum amount of the Contract Price and shall be conditioned and provide that if the Contractor or his Subcontractors, fails to pay for any materials, transportation, appliances, or utilities used in, upon, for or about the performance of the Work contracted to be done, or for any Work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect t o such Work or labor, said Surety will pay the same in an amount not exceeding the sum set forth in this Agreement, and also in case suit is brought upon this bond a reasonable attorney's fee to be fixed by the Court. This bond shall inure to the benefit of any and all persons, firms, and corporations entitled to file claims under and by virtue of the provisions of Section 9100 of the Code of Civil Procedure of the State of California.
6. INSURANCE
The Contractor shall assume all liability for injuries to perso ns or damages to property during the performance of the Agreement caused by any equipment or materials furnished or work done under the Agreement or the operation thereof during the life of the Agreement and shall furnish and maintain Worker's Compensation Insurance, General Liability and Property Damage Insurance as herein provided, whether performance be by the Contractor, their Subcontractors, or anyone directly or indirectly employed by him, and such insurance shall be obtained from an insurance company authorized to do business in the State of California or at least an A- rating and found to be acceptable to the City of Burbank. Said insurance shall provide that it will not be modified, canceled or terminated until at least thirty (30) days' prior written notice thereof has been filed with the City’s Purchasing Division.
Before delivering any equipment, materials, or the performance of any work by the Contractor, Subcontractors or any agent, servant, employee or representative of any of them, at the jobsite under this Agreement, the Contractor must file with the City’s Purchasing Division a policy or an acceptable Certificate of Insurance subject to approval of the City, indicating the requisite insurance is in full force and effect.
A. Workers’ Compensation Insurance.
1) The Contractor shall furnish satisfactory evidence that he h as secured in the manner required by law the payment of Workers’ Compensation provided for in the California Labor Code and all amendments thereto and shall maintain such insurance during the life of this Agreement.
ATTACHMENT 2-6
The policy shall be endorsed to waive all rights of recovery against the City, members of the City Council, and officers, employees and agents of the City. The Contractor shall require each and every Subcontractor to secure similar Workers’ Compens ation Insurance unless already covered by the Contractor.
2) If the Contractor is a sole proprietor, the Contractor must furnish a letter stating that he is a sole proprietor and is not required to carry Workers’ Compensation Insurance.
3) Upon execution of this Agreement, Contractor shall complete and submit the Workers’ Compensation Certification, attached as Exhibit E.
B. General Liability and Property Damage. Prior to beginning and throughout the duration of the Work, the Contractor shall secure, pay for and maintain General Liability and Property Damage Insurance protecting the Contractor and any subcontractors from any and all claims and actions for damage, for personal injury, including accidental death and for property damage which may directly or indirectly arise from, grow out of, or be attributable to, their operations or performance under this Agreement, whether such operations by the Contractor or by a Su bcontractor, or by any person directly or indirectly employed by either or any of them, and said insurance shall indemnify and save harmless the City, its officers, employees, agents and representatives from all actions, causes of action, claims, debts or demands of any and every kind or nature whatsoever, by reason of, growing of, out of, or attributable to the Work to be performed under this Agreement, and the amount of such insurance shall be in an amount of not less than One Million Dollars ($1,000,000) combined single limit for injuries, including accidental death and property damage on account of any one occurrence.
The policy shall provide for coverage of all claims occurring d uring the term of the policy notwithstanding the fact that the claim may be asserted subsequent to the expiration of the policy.
The following ENDORSEMENTS are required to be placed on a Separate Endorsement to the policy furnished:
1) The City of Burbank, 275 East Olive Avenue, Burbank, CA 915 02, its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured.
2) With respect to claims arising out of the operations and use s performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds.
3) This insurance applies separately to each insured against wh om claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4) With respect to the additional insureds, this insurance shal l not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Burbank, Purchasing Division, 301 E. Olive Avenue - Suite 305, Burbank, CA 91502.
The City requires coverage for both “ongoing operations” and “p roducts-completed operations hazard.” In order to satisfy the requirement, the Contractor’s insurance company shall submit an ISO Form CG 20 10 11 85 or an ISO Form CG 20 10 (or a substitut e form providing equivalent coverage as approved by the City) and an ISO Form CG 20 37 (or a substitute form providing equivalent coverage as approved by the City) endorsement.
C. Automobile Insurance. Automobile Liability Insurance in an amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injuries and property damage, including all owned, hired and non-owned vehicles.
D. Damage and Theft. The Contractor may insure the equipment, materials and work t o cover Contractor's interest in the same from time to time, as require d. The City will not, under any circumstances, be liable, answerable or accountable for any theft, loss or damage, however and by ATTACHMENT 2-7
whatever cause, to said equipment, materials and work, or any p art or parts thereof, used or employed in fully completing the Agreement, until after the Agr eement is completed and formal acceptance of the work by the City.
E. Blanket Insurance Policies. Blanket insurance policies complying with the above requireme nts carried by the Contractor, or acceptable and approved certificates thereof, may be substituted for specific policies upon approval by the City.
7. SAFETY PRACTICES
A. Before the Notice to Proceed, the Contractor shall supply the City with Safety Data Sheets (SDS) for all chemicals to be used in the performance of this Agreement. The City will make available to the Contractor the MSDS of any products in use in the areas of work covered by this Agreement. All hazardous materials to be properly disposed of off-site.
B. The Contractor is fully responsible for the safe performance o f a l l W o r k f o r w h i c h t h e y a r e contractually committed, whether performed by themselves or by their Subcontractors. The Contractor must provide adequate protection for the health and safety of City employees, the general public and their own personnel. The Contractor must ha ve in place their own Injury and Illness Prevention Program as required by Labor Code § 6401.7 and Title 8 § 1509 and § 3203 of the California Code of Regulations. The Contractor must submit the Contractor Certification Form (attached as Exhibit D) with this Agreement. By signing the certification form the Contractor has certified, under penalty of perjury, such a program is in place. Subcontractors will be required to sign prior to commencing work. California law also requires that the aforementioned program cover all employees and personnel controlled, directed or supervised by the Contractor to the extent that they are exposed to worksite and job assignment specific hazards.
The program shall be written and shall include but not be limited to the following elements:
1. Identification of the person or persons responsible for impl ementing the Contractor's safety program.
List name of the Contractor’s on-site Safety Representative.
2. The Contractor's system for identifying and evaluating workp lace hazards including scheduled periodic inspections to identify unsafe conditions and work practices.
3. The Contractor's methods and procedures for correcting unsaf e or unhealthy conditions and work practices in a timely manner. The Contractor shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.
4. The Contractors occupational health and safety training prog ram designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment.
5. The Contractor's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the Contractor of hazards at the worksite without fear of reprisal.
6. The Contractor's system for ensuring that employees comply w ith safe and healthy work practices, which may include disciplinary action.
7. The Contractor shall keep appropriate records of steps taken to implement and maintain the program such as inspection and training documentation. Contractor shall include inspection checklist and training documentation form.
8. The Contractor shall include procedures to investigate occupational injury or occupational illness.
9. For Construction projects the Contractor shall adopt a written code of safe practices which relates to the employers operations. Tailgate meetings shall be held at least every ten (10) working days with employees/crews.
ATTACHMENT 2-8
8. CONTRACTOR'S LABOR AND WAGE RATES
A. There shall be paid each craft or type of worker employed by the Contractor or Subcontractor engaged in Work under this Agreement not less than the applicable wage rate, including legal holiday and overtime rates, found and determined by the Director of the Department of Industrial Relations for the State of California, in accordance with the Standards set forth in Section 1773 of the California Labor Code. Copies are available on the Internet at http://www.dir.ca.gov/DLSR/PWD.
The Adobe Acrobat Reader (available at http://www.adobe.com) is required to view these pages.
The Contractor shall comply with the provisions of Section 1775 of the Labor Code which, so far as material hereto, reads as follows: 'Except as otherwise provid ed by law, the contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or subcontractor.”
The Contractor and each Subcontractor performing work, in conj unction with this Agreement shall comply with the provisions of Section 1776 of the Labor Code of the State of California.
B. The prevailing wage rates specified by the State of Californ ia are minimum rates only, and the City will not consider any claims for additional compensation made by the Contractor or Subcontractor because of payment by the Contractor or Subcontractor of any wage rate in excess of the applicable rate contained in this Contract.
Should Premium Time Work and/or Time and Material Work not in the Work be required during the progression of this Project, it may be awarded in accordance wi th those rates or as agreed otherwise between City and Contractor.
C. Eight (8) hours labor constitutes a legal days' work for eac h worker employed in the execution of this Agreement. The time of service of any worker employed in the execution of this Agreement is limited and restricted to eight (8) hours during any one (1) calendar day, and forty (40) hours during any one (1) calendar week, except as hereinafter provided. The Contractor shall, as a penalty to the City of Burbank, forfeit Twenty-Five Dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any Subcontractor for each ca lendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions hereof.
Notwithstanding the provisions of Sections 1810 to 1814 of the Labor Code of the State of California, and notwithstanding the foregoing stipulations inserted herein pursuant to the requirements of said Sections, work performed by employees of the Contractor or any Subcontractor in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, in the execution of this Agreement, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, at not less than one and one-half (1-1/2) times the basic rate of pay.
D. The Contractor shall pay to workers needed to execute the Ag reement the per diem wages as defined in Labor Code Section 1773.9.
E. Only apprentices who are in training under apprenticeship standards and written apprentice agreements complying with Division 3, Chapter 4, Section 3070, et seq., of the Labor Code, are eligible to be employed in the performance of this Agreement.
The term 'apprentice' as used in this Agreement means a person at least sixteen (16) years of age who has entered into a written agreement with an employer or th eir agent, an association of employers, or an organization of employees, or a joint committe e representing both in conformity with the provisions of Division 3, Chapter 4, Section 3070, et seq., of the Labor Code.
ATTACHMENT 2-9
Every apprentice employed in performance of this Agreement sha ll be paid the standard wage paid to apprentices under the regulations of the craft or trade at which they are employed and shall be employed only at the work of the craft or trade to which they are indentured.
The Contractor or any Subcontractor performing any of the work under this Agreement who employs journeymen or apprentices in any apprentice-able craft or trade and is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work to be constructed or performed unde r this Agreement, to which fund or funds other Contractors in that area are contributing, shall contribute to the fund or funds in each craft or trade in which the Contractor or Subcontractor employees journeymen or apprentices on the public work in the same amount or upon the same basis and in th e same manner as other Contractors do, but where the trust fund administrators are unable to accept such funds, Contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council.
The Contractor shall be responsible for complying with Section 1777.5 of the Labor Code for all apprentice-able occupations.
The Contractor shall conform to all requirements of Sections 1777.5 and 1777.6 of the Labor Code.
F. For further requirements related to matters specifically me ntioned above, reference is hereby made to Division 2, Part 7, Chapter 1 of the Labor Code, with which compliance is required and to which reference is hereby made for further particulars.
9. SUBCONTRACTORS
A. The Contractor shall set forth the name, license number, an d the location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about work involving an amount in excess of one-half of one percent (.5%) of the Contractor’s total Contract Price, and the portion of the Work which will be done by each such Subcontractor. For any Work not performed by a subcontractor, it is understood the Contractor is to do the Work himself.
B. The Contractor shall not substitute any subcontractor in pl ace of the subcontractor designated in Exhibit C, attached and incorporated herein, nor permit any suc h subcontract to be assigned or transferred to allow it to be performed by anyone other than th e original subcontractor listed in Exhibit C, nor sublet or subcontract any portion of the Work in excess of one half of one percent (.5%) of the total Contract Price as to which Contractor did not designate a subcontractor in Exhibit C, except and unless the prior formal written approval of the City has been obtained.
10. ASSEMBLY BILL 5 (2019) (AB-5)
The City does not require bidders to solely use W-2 workers. It is the Contractor’s sole responsibility to comply with AB-5.
11. PAYROLL RECORDS
The Contractor shall comply with the requirements of Section 1776 of the Labor Code, of the State of California. Failure of the Contractor to comply with the Labor Code requirements to pay prevailing wages and to maintain certified payroll records may result in withholding from progress payments amounts for unpaid wages and penalties as authorized by the Labor Code.
12. FEDERAL, STATE AND LOCAL TAXES
The Contract Price shall include all applicable Federal, State and Local taxes. The Contract Price shall exclude Federal transportation taxes from which the City is exe mpt, provided; however, if the State of California Use Tax is applicable, it shall be quoted as a separ ate item in the Contract Price, and the Contractor shall state whether or not he is authorized or required to collect such Use Tax.
ATTACHMENT 2-10
13. TAX DOCUMENTATION
The Contractor shall submit the Payee Registration form prior to a Purchase Order being issued.
The Internal Revenue Code requires the City to issue Form 1099 for certain payments made to Payees other than Corporations. Each failure to furnish a TAXPAYER IDE NTIFICATION NUMBER COULD RESULT IN A PENALTY BEING ASSESSED by the I.R.S. In addition, the City will be required to withhold 20 percent from payments subject to 1099 Reporting, if the Cont ractor fails to furnish its TAXPAYER IDENTIFICATION NUMBER.
14. ELECTRONIC FUNDS TRANSFER
The City is requiring all vendors of goods and services to use Electronic Funds Transfer (EFT) as a primary payment method. The successful bidder will be provided with set up instructions for EFT payments.
15. ERRORS AND OMISSIONS
The Contractor will not be allowed to take advantage of any error or omission in the Specifications and/or Drawings. It shall be the Contractor’s obligation, upon discovering any error or omission, to promptly call it to the attention of the Burbank Inspector or Project Manager (hereinafter referred to as “COB Representative”) who shall issue written instructions regarding such error or omission. If the Contractor fails to inform the COB Representative of any error or omission that was found, the work shall be corrected upon order of the COB Representative at the Contractor’s sole expense.
16. EXECUTION OF AGREEMENT
In no event shall Contractor deliver any equipment, materials, or perform any work under the Agreement, nor shall any purchase order be issued until Contractor has fur nished the executed Agreement and required documentation, including but not limited to, bonds and insurance acceptable to the City.
17. REIMBURSEMENT
The City shall reimburse Contractor the actual direct and indirect costs of constructing the Work, subject to the terms and conditions set forth in this Agreement. City and Contractor currently estimate the cost of constructing the Work to be One Hundred Forty-two Thousand, Eig ht Hundred Thirty-six Dollars ($142,836). Upon completing construction of the Work, Contractor shall submit to the City a written request for reimbursement, which request shall be accompanied by an itemized list of costs for which Contractor seeks reimbursement. The written request for reimbur sement submitted by Contractor pursuant to this Section shall be accompanied by supporting doc umentary evidence and Conditional Waiver and Releases from all subcontractors (which may include, but is not necessarily limited to, receipts, invoices and/or other similar documents). The City sh all review the written request for reimbursement submitted by the Contractor and shall, in the City’s reasonable discretion, either approve (in whole or in part) or deny the request.
All payments made to California Non-Residents (not qualified wi th the Secretary of State) for services provided in the State of California are subject to a 7% withholding which will be paid directly to the State of California. For more information, see California Franchise Tax Board (FTB) Publication 1017.
18. PAYMENTS FOR CHANGES IN WORK
Minor changes in the Work, not involving extra cost and not inc onsistent with the purchases of the Contract Documents, shall be performed by the Contractor without any additional charge to the City.
Extra work for which there are applicable contract unit prices will be paid for at such unit prices.
Where there are no applicable contract unit prices, the price to be paid for extra work, if performed by the Contractor with his own forces, shall be the actual and reasonable cost thereof:
A. Necessary materials (including direct taxes thereon and tran sportation to the site); plus B. Necessary direct labor (including net premiums for Workers’ Compensation Law Insurance, contributions pursuant to the State Unemployment Insurance Law, and excise taxes pursuant to the Federal Social Security Act); plus
ATTACHMENT 2-11
C. Rental from independent parties of necessary plant and equip ment other than small tools; plus D. Necessary installation, maintenance, operating and dismantli ng of such plant and equipment (including gas, oil, coal, electric current.); plus
E. Fifteen (15) percent of the total of the above four items as compensation for profit and for all other items of cost or expense, including administration, overhead, superintendence, materials used in temporary structures, small tools, etc.
For extra work performed by other than the Contractor’s own forces, the Contractor shall be paid only the actual and reasonable cost to him of such work plus fifteen (15) percent to cover the Contractor’s profit, superintendence, administration, and other overhead.
Where the Contractor and City can agree in writing upon another method of payment for extra work, such method may, as the option of the Project Manager, be substituted for the cost plus a percentage method.
Disagreement as to payment or method of payment shall not excuse the Contractor from performing extra work ordered by the Project Manager as herein before provided. Pending final determination of the amount due the Contractor, payments on account of changes in th e Work shall be made only on certification by the Project Manager.
19. CITY’S RIGHT TO WITHHOLD PAYMENTS
In addition to the amount the City may otherwise retain under this Agreement, the City may withhold a sufficient amount or amounts of any payment or payments otherwise de the Contractor, as in the judgment may be necessary to cover.
A. Payment which may be due and payable for just claim against the Contractor or any subcontractor for labor or materials for the performance of this Contract.
B. Costs for defective work not remedied, delay in delivery of contract drawings, and unsatisfactory performance not corrected.
C. Cost for failure of the Contractor to make proper payments t o his subcontractors.
20. DISPUTES
All correspondence, drawings, shipping papers, documents and in voices pertaining to equipment described in the Specification shall be plainly marked with the number of the Specification or Purchase Order Number. All bundles, boxes, crates, containers, and piece s of equipment shipped under the Specification shall be plainly labeled with said number.
The parties acknowledge that these provisions are included herein for the purpose of fixing and limiting the time and the manner in which claims must be made. This Section does not grant Contractor any right to increase the Contract Sum, or extensions in the Contract Time or any Milestones, not otherwise permitted or provided by the other terms and provisions of the Contract Documents.
Claim resolution is subject to Section 9204 of the Public Contract Code. For any conflict between Section 9204 and any section in the Contract Documents, Section 9204 will govern. If any dispute arises out of or relates to this Contract, or breach thereof, the parties agree to process any claim pursuant to Section 9204 before the filing of any legal action.
Section 9204 of the Public Contract Code reads as follows:
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this se ction shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
ATTACHMENT 2-12
(1) “Claim: means a separate demand by a contractor sent by reg istered mail or certified mail with return receipt requested, for one of more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising fr om work done by, or on behalf of, the contractor pursuant to the contract for a public works proj ect and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public Entity” means, without limitation, except as pr ovided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdi ction of that department. (vi) The Department of General Services as to all other project s. (vii) The High-Speed Rail Authority
(4) “Public works project” means the erection, construction, al teration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the mea ning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what porti on of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entit y and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to sup port the claim.
(C) If the public entity needs approval from its governing bod y to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered main or certified mail, r eturn receipt requested, the public entity shall have up to three days following the next fully publicly noticed meeting of the governing body after the 45-day period, or extension, expired to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
ATTACHMENT 2-13
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, re turn receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the met and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard t o the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the section of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbin ding process, including, but not limited to, neutral evaluation or a dispute review board, in wh ich an independent third party or board assists the parties in dispute resolution through negotiation o r by issuance of an evaluation. Any mediation utilized shall conform to the timeframes of this section.
(D) Unless otherwise agreed to by the public entity and the con tractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiri ng arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, i f mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a c ontractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this sec tion shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on or his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Withing45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor present the claim to be the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
ATTACHMENT 2-14
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions as this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a publ ic entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2 027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
21. IDENTIFICATION
All correspondence, drawings, shipping papers, documents and in voices pertaining to equipment described in the Specification shall be plainly marked with the number of the Specification or Purchase Order Number. All bundles, boxes, crates, containers, and piece s of equipment shipped under the Specification shall be plainly labeled with said number.
22. CHARTER CITY STATUS
Except as provided for in the Burbank Municipal Code or pursuant to applicable laws or agreement approved by the City Council, the City of Burbank, as a Charter City, is exempt from the provisions of the California Public Contract Code.
23. PERSONAL LIABILITY
No member of the City Council or other officer, employee, or agent of the City, or their consultants shall be personally responsible for any liability arising under or by virtue of the Agreement.
24. INDEMNITY
The City, its officers, employees and/or agents shall not be answerable or accountable in any manner for any loss or damage that may occur to the Work or any part thereof, or for any of the materials or other things used or employed in performing the Work or for injury or damage to any person or persons, either workmen, employees of the Contractor or its Subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of, or in connection with, the performance of the Work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of, or in connection with, the performance of the Work, except for negligence or willful misconduct of City, or of its agents, servants, or independent contractors. The Contractor will indemnity the City, its officers, employees and agents against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the Work, operation or activities of the Contractor, its agents, employees, Subcontractors, or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents, or employees (but excluding such actions, claims, damages to persons or property, penalties, obligations, or liability arising from the sole negligence or willful misconduct of the City, its Council, agents, servants, or independent contractors who are d irectly responsible to the City) and in connection therewith:
A. The Contractor will defend any action or actions filed in co nnection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys’ fees incurred in connection therewith.
ATTACHMENT 2-15
B. The Contractor will prompt ly pay any judgment rendered again st the Contractor or the City, its officers, employees and agents covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder; and the Contractor agrees to save and hold the City, its officers, employees and agents harmless therefrom.
C. In the event the City is made a part of any action or procee ding filed or prosecuted against the Contractor for such damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to the City any and all costs and expenses incurred by the City in such action or proceeding together with the reasonable attorneys’ fees.
So much of the money due to the Contractor under and by virtue of the Agreement as shall be considered necessary by the City may be retained by the City until disposi tion has been made of such actions or claims for damages as aforesaid.
25. PERMITS
If this project requires a permit, the City will apply for the Plan Check or checks, and the Contractor will take out the general construction permit or permits. The Contractor must obtain a no fee permit from the City of Burbank. The Contractor shall be responsible for the payment of any fees for licenses, inspections, or permits that are required by any other public entity. Further, the Contractor shall be responsible for the payment of any applicable City of Burbank license or inspection fees. The Contractor shall coordinate exact requirements with the City.
26. SUPERVISION BY CONTRACTOR
The Contractor, or their authorized representative, who shall be technically competent to superintend and direct the progress of the Work, shall be in personal attendance at all times during the performance of the Work, and such representative shall be authorized to act for the Contractor in all matters relating to the Work and the Contractor shall be bound thereby.
27. SUPERVISION BY THE CITY
A. The Work shall be done in strict compliance with 2018 Standa rd Specifications for Public Works Construction, City of Burbank Special Provisions, 2014 California MUTCD Rev. 5, and 2018 Caltrans Standard Plans and Specifications latest revision, as applicable, and under the supervision and to the satisfaction of a City of Burbank (COB) representative as d eemed necessary by the City of Burbank. The COB Representative shall decide all questions, which may arise as to the quality or acceptability of the Work performed and as to the manner or performance and rate of progress of the Work, and all questions as to progress payments of compensation.
B. The COB Representative shall, at all times, have the right to inspect the Work and materials in the course of manufacture, assembly or installation and make such tests from time to time as may be deemed advisable. The Contractor shall keep the COB Representative, informed as to the progress of the Work, and give him ample notice, in advance, of appropriate times for inspection and tests, and shall furnish him with reasonable facilities for such inspection and tests for obtaining such information as he may desire respecting the Work and the character of the materials used.
C. All equipment and material, purchased under the Specification, may be inspected by the COB Representative upon delivery, and, if any equipment or material is found not to comply with the Specification, such equipment or material will be rejected.
D. The Contractor shall furnish all facilities for inspection during manufacture, and at the construction site and shops or yards as desired, and shall not conceal any Work requiring inspection until the same has been approved by the COB Representative. If such Work should be concealed before inspection, the Contractor will be required to remove such portions of the Work as may be necessary to enable such inspections to be made.
ATTACHMENT 2-16
E. All Work rejected shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the COB Representative and no compensation theref ore will be allowed or paid therefore to the Contractor. Any work done without valid, writ ten authority, will be considered as unauthorized and will not be paid for. Such unauthorized work done may be ordered removed at the Contractor’s expense. Upon failure on the part of the Contractor to comply promptly with any order of the COB Representative made under the provisions of this Agreement, the COB Representative shall have authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed at the expense of the Contractor, and to deduct the cost from any monies due or to become due the Contractor under this Agreement.
F. Inspection or approval of the Work shall not relieve the Contractor of any obligation to faithfully perform and comply with the Agreement, and defective Work shall be made good and non- complying materials rejected and replaced at Contractor’s expen se, notwithstanding that such defective Work has been previously overlooked by the COB Representative and approved.
G. The COB Representative inspections, as provided for in this Section shall not be in lieu of the City Building Official Inspection.
28. COMPLIANCE WITH LAWS
The successful bidder shall perform all of its obligations under these Contract documents in accordance with all applicable federal, state and local laws, rules, regulations, and orders. This obligation includes, but is not limited to, compliance with any applicable workplace safety requirements issued in connection with COVID-19, and any updates thereto.
29. SPECIAL CONDITIONS
A. City Holidays – 2021-2022. Arrangements may be made in advance with a 72-hour notification and Department authorization to perform services during a holid ay period and/or off-hours. Off- hours are recognized as 5:00 p.m. through 7:00 a.m.
Monday, January 27, 2022 - Martin Luther King, Jr. Day Monday, February 21, 2022 – Presidents’ Day
Monday, May 30, 2022 – Memorial Day
Monday, July 4, 2022 – Independence Day
Monday, September 6, 2021 – Labor Day
Thursday, November 11, 2021 – Veterans Day
Thursday, November 25, 2021 – Thanksgiving Day
Friday, November 26, 2021 – Day After Thanksgiving
Friday, December 24, 2020 – Christmas Day
30. DEFINITIONS
"AGENCY", "CITY", or "OWNER" shall mean the City of Burbank.
“CITY’S REPRESENTATIVE” or “COB REPRESENTATIVE” shall mean and be interchangeable with the terms Engineer or Project Manager as defined under the General Conditions.
“COMPLETION OF WORK” or “Completion” shall mean the date of final acceptance of the Work by the City and specifically includes all Punch List corrections.
“DRAWINGS” shall mean the plans, profiles, cross sections, Standard Plans, working drawings, and shop drawings, or reproductions thereof, approved by the Project Manager, which show the location, character, dimensions, or details of the Work. Interchangeable with the term “Plans”.
“FINAL ACCEPTANCE” shall mean the date that the Notice of Completion is recorded in the Office of the County Recorder for the County of Los Angeles.
“NOTICE OF COMPLETION” shall have the same meaning as provided by Civil Code Section 8182.
ATTACHMENT 2-17
“NOTICE TO PROCEED (NTP)” shall mean the date the Department authorizes the Contractor to proceed with the Work.
“OWNER'S REPRESENTATIVE” (Owner’s) Authorized Representative is ___________________, whose mailing address is __________________________________. However, the City may, without liability to the Contractor, unilaterally designate a different person and/or organization to act as its Representative and will so advise the Contractor in writing, at which the person or organization so designated shall be the City’s Representative for purposes of this service effort.
“PLAN OR PLANS” shall be construed as having the same meaning as Drawing or Drawings.
"PROJECT MANAGER" shall mean the person assigned as the City Representative or their designee, and the terms may be interchangeable.
“PUNCH LIST” shall mean a comprehensive document list identifying all items of Work to be completed by the Contractor to the satisfaction of the City as a condition precedent to final payment. The Punch List represents such listed items that may be compiled by the C ity, its representatives, and/or the Contractor and include Work that is incomplete or partially incomplete, defective, damaged or partially damaged, incorrectly installed, or in general, not in accordance with the Agreement.
“SPECIFICATIONS” shall mean the Technical Specifications or the Project Manual.
“SUBCONTRACTOR” shall mean any person, firm or corporation performing Work, labor or rendering services or furnishing materials or supplies to the Contractor.
31. MISCELLANEOUS
A. Interference. The Contractor shall employ, insofar as possible, such method s and means in the performance of the Work as will cause the minimum of interruption to public utilities, or interference with the work of the City or any other Contractor, or the activities of others whose property may be used by the Contractor.
B. Clean Premises. The Contractor shall leave all floors, glass, equipment, tile, paint, and premises in a clean and undamaged pre-existing condition. As necessary, all equipment shall be protected as required where Work is being performed. All Contractors’ tools and equipment shall be removed from the premises, before acceptance of the Work by City.
C. Telephone. If the Contractor requires a telephone, he shall make all necessary arrangements and pay therefore; it shall be maintained in some convenient locati on as directed by the COB Representative until Work is complete.
D. Acceptance Not a Waiver. The approval or acceptance by the City, City Manager or Owner ’s Representative of the whole or any part of the equipment, mater ials, Work, any payment, any extension of time, or any possession or title taken by the City prior to final acceptance of the total completion of the Work, shall not operate as a waiver of any provision or portion of this Agreement, or of any rights or damages herein provided; nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach.
E. Severability. If any part, term, or provision of the Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over the Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.
F. Governing Law. The terms of the Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, the venue shall be in the Superior Court of Los Angeles County.
G. Material. Contractor shall verify that all material used on the site are free of asbestos, lead base ATTACHMENT 2-18
paint, or any other known hazardous material. Any materials specified that do contain asbestos, lead paint, or any other known hazardous material will be brought to the attention of the City representative for review and selection of a substitute product. If any asbestos or lead materials are discovered during the performance of the Agreement, immediately stop work and notify the COB Representative.
H. Iran Contracting Act. Contractor certifies that it is not identified on a list created under the Iran Contracting Act of 2010, California Public Contract Code 2200 e t seq. (the “Act”) as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
I. City Approved Equal. Whenever any particular material, process or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or approved equal unless otherwise stated.
J. Equipment. All equipment and/or material referred to in this Agreement shall in all respects be in full compliance with all CAL / OSHA Safety and Health Orders.
K. Full Agreement. This Agreement, together with attached Exhibits, will constitute the full agreement between the City and Contractor if a purchase order is awarded. Any changes to this Agreement shall be completed in writing, signed by authorized representatives of both Parties.
[Signatures on following page]
ATTACHMENT 2-19
IN WITNESS WHEREOF, the Parties hereto have executed this instrument in duplicate on the day and year first above written.
CITY OF BURBANK, a municipal corporation
By
City Manager
KRISMAR CONSTRUCTON CO. INC., a California corporation
A T T E S T :
____________________________ By
C i t y C l e r k S i gnature and Title
By
Signature and Title
Approved as to form:
Office of the City Attorney
Date:
By:
T i t l e :
CONTRACTOR SHALL EXECUTE THE APPLICABLE ACKNOWLEDGMENT ON THE FOLLOWING PAGE.
ATTACHMENT 2-20
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) CORPORATE ACKNOWLEDGMENT
On this _____ day of ____________________, 20____, before me, the undersigned, a Notary Public in and for the said County and State, personally appeared known to me to be the President - Vice President and Secretary - Assistant Secretary, respectively, of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.
PARTNERSHIP ACKNOWLEDGMENT
On this _____ day of ____________________, 20____, before me, the undersigned, a Notary Public in and for the said County and State, personally appeared known to me to be one of the par tners of the partnership that e xecuted the within instrument and acknowledged to me that such partnership executed the same.
INDIVIDUAL ACKNOWLEDGMENT
On this _____ day of ____________________, 20____, before me, the undersigned, a Notary Public in and for the said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same.
JOINT VENTURE ACKNOWLEDGMENT
On this _____ day of ____________________, 20____, before me, the undersigned, a Notary Public in and for the said County and State, personally appeared known to me to be one of the presidents of the companies, of the joint venture that executed the within instrument and acknowledged to me that such joint venture executed the within instrument pursuant to its by-laws or a resolution of its constituent companies.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
(SEAL)
Notary Public in and for the
County and State
My commission expires:
ATTACHMENT 2-21
EXHIBIT A
SCOPE OF WORK
Contractor shall construct the following improvements as identified on Sheet 1 of Plan No. P-1169 attached as Exhibit A-1:
1. Furnish and install traffic signal pole “I” and “J” from signal pole schedule
2. Remove existing, furnish and install new APS pedestrian push buttons per pole schedule (Construction note 1 and 5)
3. Furnish and install new R10- 15(r) blank out sign (construction note 4)
4. Install new pedestrian crossw alk (construction note 11) per Caltrans standards
5. Install new conduit and conductors to connect pedestrian sig nals and blank out sign per conductor table 1, 2, and 3. Connect to signal in existing pull box as identified on plans.
6. Furnish and install three new LED street light luminaries pe r City standards
7. At northeast corner, demolish existing pedestrian ramp and install new ADA compliant pedestrian ramp per City of Burbank, Green Book, and/or Caltrans standards.
Contractor shall construct these improvements per 2018 Standard Specifications for Public Works Construction, City of Burbank Special Provisions, 2014 California MUTCD Rev. 5, and 2018 Caltrans Standard Plans and Specifications latest revision, as applicable.
ATTACHMENT 2-22
Exhibit A-1
ATTACHMENT 2-23
EXHIBIT B
CONTRACTOR’S QUOTATION SHEET
1. Said price shall include and cover the cost to provide all m aterials, equipment, labor and supervision for the work within the Buena Vista St / State Route 134 Ramps and Riverside Drive Pede strian Improvements Project, as identified in these Quotation Documents and the Agreement. The cost shall be comprehensive in nature and include all requisite labor, materials, and equipment, hauling, dumping, dump fees, field coordination with Public Works Department, and its representatives, supervision, overhead, profit, taxes, and to provide all other means required to fully complete this contract, except as otherwise specifically provided in the drawings and specifications.
ITEM
NO. DESCRIPTION UOM EST.
QTY UNIT PRICE TOTAL
1 Install Traffic Signal Poles I & J LS $78,000
2 Furnish Traffic Signal Poles I & J LS 6,848
3 Furnish and Install 3 LED Streetlight
Heads LS 2,520
4 Modify NE Pedestrian Ramp to Meet
ADA Requirements LS 44,367
5 Intersection Striping LS 8,300
6 Administrative Fee % 2 2,801
T O T A L $142,836
A. TOTAL SUM BID (Items 1 - 6) $ One Hundred Forty-two, Eight Hundred Thirty-six ($ 142,836)
to perform and complete all the work and secure all approvals in accordance with the Construction Documents and other requirements of this RFQ.
B. CALENDAR DAYS 120 Total consecutive calendar days from and including the date of the City’s Notice to Proceed (NTP) through final inspection, acceptance, and project close-out.
2. A licensed contractor shall not submit a quotation to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the quotation contains a statement that the representations made therein are made under penalty of perjury. Any quotation not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency.
State Contractor's License No. 290899 Class B have been issued to the undersigned bidder. This/these license(s) and certification(s) has/have not been revoked or suspended and is/are in full force and effect and authorizes the undersigned Bidder to perform the wor k under these Contract Documents.
Expiration date of license(s) and certifications.
Public Works Contractor (PWC) Registration No. _________________________ ATTACHMENT 2-24
CONTRACTOR’S QUOTATION SHEET
4. The Contractor agrees that when he is performing a public im provement project under this Agreement, and any subcontractor under him, will be required to pay not less than the established prevailing rates of wages to all workers employed in the execution of this Agreement, and the Contractor shall comply with all other requirements as specified in the Labor Code and in conformity with the requirements of Section 33 of the General Conditions. For these projects, Certified Payroll and Fringe Benefit Statements will be required.
5. Contractor agrees that his Quotation shall remain open and not withdrawn for a period of not less than ninety (90) calendar days from the date of opening bids, or until rejected by the City, whichever period is shorter.
The undersigned Contractor declares that he has read and fully understands the Contract Document referred to therein and agrees to all of the terms, conditions and provisions contained therein; that he has examined the site of the work and has made the investigations and formed the estimates as to all conditions and contingencies referred to in and required by the Contract Documents, and Contractor proposes and agrees that if the Contractor's bid as submitted in the quotation be accepted, Contractor will contract in the form provided to perform all of the work and in the manner required by the above Contract Documents and to complete the same within the time stipulated; that Contractor will accept in full payment therefore the prices named herein. Said prices are to include and cover the furnishing of all materials , the performing of all labor requisite or proper, supervision, overhead, profit, taxes, and the providing of all necessary machinery, tools, appurtenances, equipment and other means required to fully complete this contract, except as otherwise specifically provided in the Specifications.
The Contractor further agrees to sign the Contract Documents in accordance with the quotation as accepted and furnish the required Bonds and Insurance, within fifteen (15) City working days from date of mailing of said notice of acceptance to Bidder at the address as given below. The Purchasing Manager may provide in writing additional time for cause not to exceed a total of five (5) City working days.
Contractor certifies that the representations of the bid are true and correct and made under penalty of perjury.
COMPANY NAME:
AUTHORIZED SIGNATURE: D A T E :
PRINT NAME: T I T L E
ADDRESS:
TELEPHONE NUMBER: ( ) FAX NUMBER: ( ) E-MAIL ADDRESS:
TAXPAYER I.D. NO.
ATTACHMENT 2-25
AFFIDAVIT TO ACCOMPANY ALL QUOTATIONS AND TO BE
EXECUTED BY THE PERSONS DULY AUTHORIZED TO SUBMIT THE QUOTATION
STATE OF CALIFORNIA )
: SS INDIVIDUAL AFFIDAVIT
COUNTY OF LOS ANGELES )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is the party making the foregoing quotation or bid, that such bid is genuine and not collusive or sham; that he has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for himself or for an y other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from co nsidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept from or through such bid depository.
__________________________________________________
STATE OF CALIFORNIA )
: SS PARTNERSHIP AFFIDAVIT
COUNTY OF LOS ANGELES )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is a member of the co-partnership designated as _________________________ ___________________________________________________________________________________ which is that party making the foregoing quotation or bid; that such bid is genuine and not collusive or sham; that said bidder has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for himself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depos itory, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept from or through such bid depository.
That he has been duly vested with authority to make and sign the foregoing Bidder's Quotation for the co- partnership by ______________________________________________________ who constitute the other members of the co-partnership.
_____________________________________
SUBSCRIBED and SWORN to before me this ____ day ___________________, 20___
My commission expires:
__________________________________
Notary Public in and for the said
County/State
(Seal)
STATE OF CALIFORNIA )
ATTACHMENT 2-26
: SS CORPORATION AFFIDAVIT
COUNTY OF LOS ANGELES )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is the ________________________________________________ __________ (Title) of _____________________________________________________________ (Name) a corporation, which is the party making the foregoing quotation or bid; that such a bid is genuine and not collusive or sham; that said bidder has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for itself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depos itory, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities or accept from or through such depository.
That he is duly authorized to execute the foregoing Bid Quotation on behalf of said corporation and that such corporation executed the same pursuant to its bylaws or a resolution of its Board of Directors.
_____________________________________
STATE OF CALIFORNIA )
: SS JOINT VENTURE AFFIDAVIT
COUNTY OF LOS ANGELES )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is the ________________________________________________ __________ (Title) of _____________________________________________________________ ( Name) one of the partners submitting the foregoing bid as a Joint Venture and that he is duly vested with the authority to make and sign the said bid and on behalf of the parties making said bid, who are . That such a bid is genuine and not collusive or sham; that said parties have not conspired or agreed, directly or indirectly, that another party refrain from bidding, nor by such means sought to secure any advantage for himself said Joint Ventures or any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.
_____________________________________
SUBSCRIBED and SWORN to before me this ____ day ___________________, 20___
My commission expires:
__________________________________
Notary Public in and for the said
County/State
(Seal)
ATTACHMENT 2-27
EXHIBIT C
SUBCONTRACTORS LIST
Contractor shall provide name and location of business for all tiered subcontractors who will perform work or labor in support of this project. Contractor shall verify that all subcontractors listed have a current Contractor State License Board (CSLB) license and are currently registered with the Department of Industrial Relations (DIR).
Name of
Subcontractor &
Business Location
Division
and/or Scope
of the Work
Portion of Work
to be done by
Subcontractor
(Cost &
Percentage)
License
Class
and
Number
DIR Registration
Number
Taft Electric
Company
Install Traffic
Signals,
luminaries,
pedestrian
ramp
94%
A
#772245
#1000000149
Lukkes Striping, Inc. Install signing
and striping 6%
C-32
#922425
#1000003491
ATTACHMENT 2-28
EXHIBIT D
CONTRACTOR IIPP CERTIFICATION
This Form MUST be Returned with the signed Contract.
The undersigned certifies that it has in place an Injury and Illness Prevention Program as required by Labor Code § 6401.7 and Title 8 § 1509 and § 3203 of the California Code of Regulations. (Note: If you believe that you are exempt from the state mandate, on a separate sheet please explain why you are exempt.)
The undersigned further certifies that its IIPP is in written f orm and includes, at a minimum, the following elements:
1. Identification of the person or persons responsible for impl ementing the Contractor's safety program and the name of the Contractor’s on-site Safety Representative.
2. The Contractor's system for identifying and evaluating workp lace hazards including scheduled periodic inspections to identify unsafe conditions and work practices:
a) whenever new substances, processes, procedures or equipment is introduced into the workplace and represents a new hazard; and
b) whenever the Contractor is made aware of a new or previously unrecognized hazard.
3. The Contractor's methods and procedures for correcting unsaf e or unhealthy conditions and work practices in a timely manner. The Contractor shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard:
a) when observed or discovered; and
b) when an imminent hazard exists which cannot be immediately a bated without endangering employees and/or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct hazardous conditions shall be provided with the necessary safeguards.
4. The Contractors occupational health and safety training prog ram designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment:
a) to all new employees;
b) to all employees given new job assignments for which trainin g has not been previously received; c) whenever new substance, processes, procedures or equipment a re introduced into the Project and represent a new hazard;
d) whenever the employer is made aware of a new or previously u nrecognized hazard; and e) for supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.
5. The Contractor's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the Contractor of hazards at the Job Site without fear of reprisal.
Substantial compliance with this provision includes meetings, training programs, postings, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, or any other means that ensures communication with employees.
6. The Contractor's system for ensuring that employees comply w ith safe and healthy work practices, which may include disciplinary action.
ATTACHMENT 2-29
CONTRACTOR IIPP CERTIFICATION
7. The Contractor shall keep appropriate records of steps taken to implement and maintain the program such as inspection, training documentation, included but not limited to, inspection checklist and training documentation form.
8. The Contractor shall include procedures to investigate occupational injury or occupational illness.
9. For construction projects the Contractor shall adopt a writt en code of safe practices that specifically relates to the employer’s operations. Tailgate meetings shall be held at least every ten (10) working days with employees and subcontractors.
10. A pre-job meeting may be required with the Safety Officer prior to the job start date.
The foregoing is made herein are made under penalty of perjury.
FULL AND CORRECT NAME
COMPANY NAME:
SIGNED: D A T E :
PRINT NAME: T I T L E :
ADDRESS:
TELEPHONE NUMBER: (_____) FAX NUMBER: (_____)
The City reserves the right to review the IIPP and to inspect the Job Site while the Work is in progress for safety and health requirements, per current Federal or State/OSHA regulations. Any violations discovered shall immediately be corrected by the Contractor at its sole ex pense or the City shall correct such violations and deduct the expenses from monies due the Contractor.
ATTACHMENT 2-30
EXHIBIT E
WORKERS’ COMPENSATION CERTIFICATION
To be executed by Contractor and Submitted with Signed Agreement.
Section 1861 of the California Labor Code; each contractor to whom a public works contract is awarded shall sign and file with the awarding body the followin g certification prior to performing the work of the Contract:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
COMPANY NAME:
SIGNED:
PRINT NAME: TITLE:
DATE:
ATTACHMENT 2-31
EXHIBIT F
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT:
That we, as “Principal,” and ___________________________ as “Surety,” are held and firmly bound to the City of Burbank (“City”) in the sum of x x / 100 Dollars ($____________), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these present.
The condition of the above obligation is such that, whereas said Principal has been awarded and is about to enter into the annexed Contract with the City of Burbank dated _______________________, 2020, for the Name of Project, and to which reference is hereby made for all particulars (“Contract”), under which the Principal is required to perform certain work (“Work”) and is required by said City of Burbank to give this bond in connection with the execution of said Contract;
NOW, THEREFORE, if said Principal as Contractor under said Contract fails to perform all of the covenants, terms, conditions and stipulations of said Contract on its part to be done and performed at the times and in the manner specified therein, or if all materials used and workmanship employed in the performance of the Contract shall not be free from defects, or if any defects should appear therein within a period of one year fro m the date of acceptance by the City, and the said Principal and Contractor shall fail to repair, replace and correct such defects at his or its own cost and expense and to the satisfaction of the Project Manager within thirty (30) days after notice thereof by the City, said will pay the City of Burbank the amount of all its loss, cost, expense, damages and liability on account of any and all of the foregoing, not exceeding, however, the sum set forth above, and in case suit is brought upon this bond said Surety shall also pay a reasonable attorney's fee to be fixed by the court.
The said Principal and Surety agree that any change, extension of time, alterations or additions to said Contract or Work or materials required thereunder shall not in any manner release either the Principal or the Surety from the obligations of this bond; and said Surety hereby waives notice of any such change, extension of time, alteration or additions to said Contract or performance required thereunder .
ATTACHMENT 2-32
IN WITNESS WHEREOF, the Principal and the Surety have executed this instrument in duplicate this ________________ day of ________________, 20___.
_________________________________
S u r e t y P r i n c i p a l
By_______________________________ By
_________________________________
P r i n t N a m e / T i t l e Print Name/Title
_________________________________
Address
_________________________________
(_______)_________________________
Telephone Number
(_______)_________________________
Fax Number
APPROVED AS TO FORM this ____ day of __________, 20___.
Office of the City Attorney
B y :
N a m e :
T i t l e :
NOTARIAL CERTIFICATE OF PRINCIPAL AND ATTORNEY IN FACT AND SEAL OF SURETY MUST BE ATTACHED.
ATTACHMENT 2-33
EXHIBIT G
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _________________ as “Principal,” and ____________________________ as “Surety,” are held and firmly bound unto City of Burbank (“City ”) in the sum of _____________________________ and xx/100 Dollars ($_______________), for the payment of which sum, well and truly to be made, we bind ourselves, our he irs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The condition of the above obligation is such that, whereas said Principal has been awarded and is about to enter into the annexed Contract with the City of Burbank dated _______________________, 2020, for the Name of Project, and to which reference is hereby made for all particulars (“Contract”), under which the Principal is required to perform certain work (“Work”) and is required by said City of Burbank to give this bond in connection with the execution of said Contract;
NOW, THEREFORE, if said Principal as Contractor, its Subcontractors, its heirs, executors, administrators, successors, or assigns, shall fail to pay (a) for any materials, provisions, equipment, or other supplies used in, upon, for or about the performance of the Work contracted to be done under the Contract, or (b) for any work or labor thereon of any kind contracted to be done under the Contract, or (c) for amounts due under the U nemployment Insurance Code w ith respect to work or labor performed pursuant to the Contract, or (d) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its Subcontractors under Section 13020 of the Unemployment Insurance Code with respect to such work and labor, in each case as required by the provisions of Sections 9550-9566 inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to ther ein and acts amendatory thereof, and provided that the persons, companies, corporations or other entities so furnishing said ma terials, provisions, provender, equipment, or other supplies, appliances, or power used in, upo n, for, or about performance of the Work contracted to be executed or performed, or any person, company, corporation or entity renting or hiring implements or machinery or power for or contributing to said Work to be done, or any person, who performs work or labor upon the same, or any person, compan y, corporation or entity who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said Surety will pay in full the same in an amount not exceedin g the sum hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond
.
ATTACHMENT 2-34
PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant t o the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or ex tensions of the Agreement is hereby waived by said Surety.
IN WITNESS WHEREOF, the Principal and the Surety have executed this instrument in duplicate this ________________ day of ________________, 20_____.
_________________________________
S u r e t y P r i n c i p a l
By:_______________________________ By:
_________________________________
Print Name/Title Print Name/Title
_________________________________
Address
_________________________________
(______)__________________________
Telephone Number
(______)__________________________
FAX Telephone Number
APPROVED AS TO FORM this ____ day of __________, 20___.
Office of the City Attorney
B y :
N a m e :
T i t l e :
NOTARIAL CERTIFICATE OF PRINCIPAL AND ATTORNEY IN FACT AND SEAL OF SURETY MUST BE ATTACHED.
ATTACHMENT 2-35
ATTACHMENT 2
Photo of Proposed Safety Improvements
ATTACHMENT 2-36