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Home My WebLink About2013-02-12 - AGENDA REPORTS - ANNUAL CONCRETE REHAB (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item• 4 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by February 12, 2013 A:: Curtis Nay FISCAL YEAR 2012-13 ANNUAL CONCRETE REHABILITATION PROGRAM (CITYWIDE), PROJECTS M0091, M0092, AND T0038 - AWARD CONSTRUCTION CONTRACT Public Works RECOMMENDED ACTION City Council approve the plans and specifications for the Fiscal Year 2012-13 Annual Concrete Rehabilitation Program (Citywide), Projects M0091, M0092, and T0038. 2. Authorize the transfer of project savings from the 2011-12 Annual Concrete Rehabilitation Program in the following amounts: $2,830 (Fund 356) Stormwater funds from expenditure account M0086356-5161.001 to expenditure account M0092356-5161.001; and $49,320 (Fund 230) Gas Tax funds from expenditure account M0085230-5161.001 to M0091230-5161.001. 3. Award the construction contract to the lowest responsible bidder, FS Construction, in the amount of $486,154 and authorize additional work in the amount of $247,996, for a total contract amount not to exceed $734,150. Authorize the City Manager or designee to execute all contracts and associated documents, or modify the awards in the event issues of impossibility of performance arise, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year, and execute all documents subject to City Attorney approval. BACKGROUND The Annual Concrete Rehabilitation Program consists of three annual efforts awarded under one contract to make the most efficient use of available funding. The Sidewalk Repair Program will construct new wheelchair ramps and replace existing damaged sidewalks. The Curb and Gutter Program will improve the drainage flow into local storm drains, thereby improving stormwater quality and eliminating ponding water. The Access Ramp Program will serve our disabled community through the installation of new access ramps, while meeting the requirements outlined in Title 21 of the Americans with Disabilities Act. The attached list of locations was generated by residents' requests to the Public Works department and the City Manager's Office or were areas identified by staff as needing restoration. Substantial constraints and controls were established in the construction documents to reduce potential impacts on local traffic and homeowners during the construction phase. Construction is scheduled to begin March 2013 and is anticipated to be complete within 90 working days following the Notice to Proceed. Staff will appoint inspectors to ensure proper work performance by the contractor and to handle daily field issues. An invitation to bid was published three times (December 8, December 10, and December 13, 2012) and noticed on the City's website. Plans and specifications were also sent to area plan rooms. Six responsive bids were submitted to the City and opened by Purchasing on January 17, 2013. The results are shown below; Company Name Location Base Bid Amount FS Construction Sylmar $486,153.95 R.C. Becker & Son, Inc. Santa Clarita $491,079.22 Kalban Inc. Sun Valley $511,250.25 Toro Enterprises Inc. Oxnard $539,089.60 ARC Construction Co. La Cresenta $552,904.95 C.S. Legacy Construction, Inc. Chino $944,112.00 Staff recommends the contract be awarded to FS Construction, the lowest responsible bidder. This contractor possesses a valid state contractor's license and is in good standing with the Contractors State License Board. The contractor's bid was reviewed for accuracy and conformance to the contract documents and found to be complete. The requested transfer of $52,150 combined with the current budget creates a total 2012-13 Annual Concrete Rehabilitation Program budget of $852,150, allowing for a contract amount not to exceed $734,150. This provides funds for concrete work for additional sites, which will include new curb ramps, curb and gutter repairs, and sidewalk maintenance at various locations based on each program's prioritized list. The remaining budget of $118,000 is being utilized for project administration and support items such as tree trimming, labor compliance, surveying, and material testing. While the City maintains a Support of Local Businesses policy that can be utilized by the City Council when warranted, the City is governed by the California Public Contract Code with regard to public works project procurement. In these types of procurement, the California Public Contract Code does not permit a city to utilize a Support of Local Businesses policy and instead rA requires the contract be awarded to the lowest responsible bidder. As confirmed by the City Attorney's Office, this direction precludes the City from applying any superseding criteria for award except in the case of a tie. In other words, in awarding of Public Works contracts, the City is not permitted to award to a bidder just because they are local, as the California Public Contract Code does not allow the City to recognize them as the "lowest" responsible bidder. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT Funds in the amount of $800,000 have been appropriated in the various 2012-13 Concrete Rehabilitation Program expenditure accounts. The requested transfers of $2,830 in Stormwater (Fund 356) and $49,320 in Gas Tax (Fund 230) funds from M0086356-5161.001 to M0092356-5161.001 and M0085230-5161.001 to M0091230-5161.001, respectively, create a total 2012-13 Concrete Rehabilitation Program budget of $852,150. These funds will adequately provide for the base contract amount, anticipated additional work, project administration and support items such as tree trimming, labor compliance, surveying, and material testing. ATTACHMENTS List of Locations Award FS Construction Bid Package available in the City Clerk's Reading File Contract available in the City Clerk's Reading File 1 LIST OF LOCATIONS FISCAL YEAR 2012-2013 ANNUAL CONCRETE REHABILITATION PROGRAM (CITYWIDE) PROJECTS M0091, M0092, AND T0038 Abdale Street Foxlane Drive Santa Clarita Road Abelia Road Golden Triangle Road Sarda Road Alaminos Drive Goodvale Road Seco Canyon Road Allenwick Avenue Gray Lane Sierra Highway Altena Drive Hob Court Soledad Canyon Road Annette Jo Circle Isabella Parkway Stillmore Street Avenida Cappela Ivrea Place Strambino Court Avenida Escalera Juneda Drive Valencia Boulevard Avenida Ronada Kenfel Drive Valle Del Oro Avenue Stanford La Rochelle Drive Valley Oak Court Beachgrove Court Lone Rock Street Via Adorna Bella Court Lyons Avenue Via Alcira Bernina Avenue Magic Mountain Parkway Via Amado Bonlee Avenue Maplebay Court Via Brava Briardale Way Marsala Drive Via Calisero Calgrove Boulevard McBean Parkway Via Copeta Cedarcreek Street Meadowcreek Road Via Delfina Clearbank Lane Mentry Drive Via Desca Creekside Drive Natalie Way Via Flamenco Crossglade Avenue Newhall Avenue Via Hamaca Darcy Lane Newhouse Street Via Novia Del Monte Drive Nottingham Court Vicci Street Delight Street Oakgale Avenue Vilna Avenue Deputy Jake Drive Orchard Village Road Walnut Springs Avenue Drycliff Street Parkview Drive Wellston Drive Ebelden Avenue Plaza Gavilan Wembley Court Ermine Street Ridgegrove Drive White Oak Court Fairweather Street Rio Chico Drive Whites Canyon Road Featherstar Avenue Rotunda Road Wiley Canyon Road Firenze Place Ruether Avenue Windsong Court S:\PW\ENG-CIVI\ConcRehab 12-13\Council\List of Locations award.doc SECTION C: PROPOSAL For Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 TO THE CITY OF SANTA CLARITA, AS AGENCY In accordance with AGENCY's NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above -stated project as set forth in the plans, specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, INSTRUCTIONS TO BIDDERS, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following BID SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in BID SCHEDULE are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies In the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the contract, the undersigned further agrees that in the event of the Bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the AGENCYs notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCYs option, be considered null and void. BIDDER agrees that the price bid for the project shall include all cost covering the performance of work including the furnishing of labor, materials, tools, and equipment. BIDDER further agrees that the cost of work necessary for the completion of a particular Bid Schedule item has been included in the price bid for that Rem unless the work is specifically included in another Rem; and if there is no bid item for a particular item of work, full compensation for such work shall be considered as included in the price bid for other items of work. Company Name: FS Ca S4yuc4t' Company Address: 14833 Bledsoe Sf. S Y✓to-r G 91342— By: lt. rp_A Print Name Title: ()LO uef Signature: liid"Z', Date: 1 A-7 1-3 C-1 BID SCHEDULE Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Project Nos. M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL NO. i 1 Mobilization 1 LS $ �j OoL'. � $ �j C7C'(� o o 2 Traffic Control 1 LS $ p 0O_,`, $ 3 67 p p, o 3 Implementation of Best Management Practices 1 LS $ 2-000,, ,o $ Z 0070 cn 4 Removal and Replacement of Portland Cement 44,929 SF $ �, j 5 $ z31 30Y,35Concrete Sidewalk r 5 Removal of 4" PCC Sidewalk 620 SF $ Z Z 5 $ j,395. 6 Removal and Replacement of Residential 9,004 SF $ s . YQ $ y O Driveway Approach 7 Removal and Replacement of Commercial 763 SF $ 6 _ L� $ Driveway Approach 8 Removal and Replacement of 6" PCC Curb & 3,400 LF $ Z2j £/C7 $ i p�_rn Gutter a 9 Removal and Replacement of 8" PCC Curb & 940 LF $ Zg c z% 0 $ Z(j 7j Z Q- " Gutter 10 Removal and Replacement of Asphalt Pavement Section for Curb & Gutter and Cross Gutter 4,340 SF $ 4. 0'2 $ Locations 11 Removal of 4" PCC Sidewalk/Curb & Gutter and 19 EA $ Z $ Construction of PCC Curb Ramp (JCO 12 Removal and Replacement of Cross Gutter and 2 385 SF $ � $ 16 6 15 . on Spandrel i � TOTAL 22 C Y961 BID: $ Total Bid in V�✓.1hrP� L ��y ��1�Ge J�n�\rxJz G1y�cy v`�� `��e CP�i'S C-2 DESIGNATION OF SUBCONTRACTORS Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of/, of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid: DBE status, age of firm and annual gross receipts are required if sub contractor is participating as a DBE. Subcontractor J 4�57 DBE STATUS: I Dollar Value of Work Age of firm: Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: I / Phone( ) ross ne DnM bidders shell fill out the Subcontractor's List in its entirety. The total dollar value of work to be performed by Subcontractors shall be in conformance with Section 2-3 "Subcontracts" of General Provisions in these contract documents. (Use Additional Sheets if Necessary) i C-3 Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Project Nos. M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 REFERENCES i The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has performed similar work within the past 3 years: / 2. 250, V9. �FO �a 3. %D% 2. ��/ir9Dyl�iS rn,92^��s Name and Address of Owner / Agency L� 1, Sean 7117[Z 'p��7r� t/.�i l'"— /Ii/ 7 /le/ 6ZV / 7 T Name and Telephorte Number of Persorf Familiar with Project ��,453 3C7 �7yo� �ixu^iD a. � — ontract Amount Type Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: C5Na�es/D Contract me C-4 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 The bidder under penalty of perjury, certified that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, office manager: is not currently under suspension, debarment, voluntary exclusion or determination of ineligibility by any federal AGENCY; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal AGENCY within past three years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidders' responsibility. For any exception noted above, indicate below to whom it applies, initialing AGENCY, and dates of action. NOTE: Providing false information may result in criminal prosecution or administrative sanctions. The above certification Is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. C-5 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 This bidder Fs CO—Aw � j0 n , proposed subcontractor , hereby certifies that he has ,, has notparticipated in a previous contract or subcontract subject to the�zqual opportunity clause, as required by Executive Orders 10925.11114, or 11246, and that he has _V , has not , filed with the Joint Reporting Committee, and Director of Office of Federal Contract Compliance, a Federal Government contracting or administering AGENCY, or the former President's Committee on Equal Employment Opportunity, all reports that are under the applicable filing requirements. Company: r� ISMS MJ�Cr� By: i—le�✓trS Title: Date: l �Il J3 �T Note: The above certification is required by the Equal Employment Opportunity of the Secretary of Labor (41 CFR 60.1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause as set forth in 41 CFR 60-1.5, (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, the Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime CONTRACTORS and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such CONTRACTOR submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. [Sr BIDDER'S INFORMATION AND CERTIFICATION Bidder certifies that the representations of the bid are true and correct and made under penalty of perjury. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, Bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. Bidder's Name: FS 47n 5'ri V c `i Business Address: Telephone No.: JX ��Soe 819 X3''--60¢0 C,� �/3 State CONTRACTOR's License No. & Class: % 7 7 126 C/as5 A - Cg-• C Z7 Original Date: V-30 - Z000 Expiration Date: V - 30 - ZD t S The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: dFwtvs c7w�� 13368 4 1,�,-r CA 9/ 3 2- ?,39 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in tlhis proposal was an owner, corporate officer, partner orjoint venture are as follows: /Vrvte, C-7 All. current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: j ose. A"d rtes m 'P6A FS 6 5�-udL, IN WITNESS WHEREOF, BIDDER executes and bmits this proposal with the names, title, hands, and i seals of all aforementioned principals this 16 day of T6+A. 20L. BIDDER: Sign re , tn1 / l _ I Q �1 i i tr Name and Ve of Signatory FS co,-,CAu��te T Legal Name of Bidder 14939 BleJso e S f S1 /I.qo-j- CA 9/34Z Address 818 339-60v o�- v69Z890 Telephone Number Federal Tax I. D. No, SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGMENTS OF EXECUTION OF BIDDER MUST BE ATTACHED Subscribed and sworn to this Notary day of , 20_. See Attached Notarization California Acknowledgment C-8 (SEAL) CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On 01/16/2013 before me, NATHAN MAX OSORIO, NotaryPublic Date Hem Insert Name and Title of Officer personally appeared J. ANGEL FIERROS ------------------------------------------ Name (s) of Signer (s) who proved to me on the basis of satisfactory evidence to be the personal whose name(+ istam subscribed to the within instrument and acknowledged to me that he/stltlhey executed the same in his/her/their authorized NATHAN MAX 08M capacity (ies); and that by his/lierMwir signatures) on -the Col V W" i 1I1920Y9 instrument the person(;), or the entity upon behalf of Notary PLbk- Cafth is which the persor(s acted. executed the instrument. Los Ang" Counry M Comm. e�Se 23, 2010 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea]. Signature Place Nown' Seal Above Signature of>06ify Public OPTIONAL Though the information below is not required by law, it may rove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _President ElPanner- ❑ Limited ❑ General ❑ Attorney in Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner- El Limited ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID NOTE: The following form shall be used in case Ghjck accomRanie� bid. i . erg Accompanying this Proposal is a 'cerWedk9ifiier's check payable to the order of the City of Santa Clarita for: 10 �/O dollars ($ ), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted by said AGENCY through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. Project Name: Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 Address roe- St. Yyt0.r CA OI 13 q 2— * * Delete the inapplicable work. NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed. The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid. PROPOSAL GUARANTEE BID BOND Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12.13-A10091 BY THESE PRESENTS that FS Construction, as BIDDER. 'ance Coman as are and firmly w n a Santa, as CY, in the penal sum of dollars( vehich is ten percent amoum to Y for the a ove-state project. for the payment of R and SURETY agree to be bound, jointly and severally, firmly by these presents, of the Tntal Amount of the RiA in __ THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated p if said bid is rejected, or if said bid is accepted and e contract to is awarded and entered kby BIDDER Duin the manner and time specified. then this obligation shall be null and vaad, otherwise it shad remain in full force and effect in favor of AGENCY. IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals. this 15th day of January, 2013. SURETY' (623) 412-5793 1 EnsaWe Salazar, Attorney -in -Fact, 1800 McCollum St., Los Angeles, CA 90026 M�i7 814 Subscribed antl sworn to this day of NOTARY PUSUC 20_ `Provide &ODER and SURETY name. address, and telephone number and the name, title, address, and telephone number for authorized representative. IMPORTANT - Surely Companies executing Bonds must appear on the Treasury Departments most current list (Circular 570, as amended) and be authorized to transact business in the State where the project is locate. C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .ti^rs'��.Fr - .Mm+i.Frfrf..et• z'<'z -^%�rr'cc^��-r�r �r=r�r-^ r ar.�� .�.=aarxx.�r�r�r� State of California County of Los Aneelea On -January 15, 2013 before me, 14 S Rodrisaez Notary Public Dale Neie Innen Name aero Ttla of me ZMf r personally appeared ELTSA E t r+ SAl Narne(al of slenegs) who proved to me on the basis of satisfactory evidence to be the person(1) whose naml is/are subscribed to the within instrument and acknowledged to me that he/shaRhey executed the same in his/her/their authorized capacity(ise), and that by 4allherMl signatures) on the instrument the person(, or the entity upon behalf of which the person(g) acted, executed the instrument. M. S. RODRIGUEz I certify under PENALTY OF PERJURY under the laws NOTARY PUBLIC - CALIFORNIA of the State of California that the foregoing paragraph is LOS ANGELES COUNTY true and correct. COMMISSION : 187; �- MY COMM, EXPIRES )AN.2, 2014 WITNESS my hand and official sll. Signature - Place Notary Seal Apwe Sgnature of Nolary Puda OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: i l Individual J Corporate Officer—Title(s): — L! Partner — C Limited LI General Attorney in Fact 1 Trustee Li Guardian or Conservator IJ Other: Signer Is Representing: 1— �IGHTTHU[,IlulER _ ____ ____ Number of Pages: Signer's Name: J Individual !J Corporate Officer — Title(s): Partner — FJ Limited DGeneral 1J Attorney in Fact 1.1 Trustee D Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUNISPRINT. OFSIGNER` 0200]National Mee, 0.Syo6alion•9350 De Solo A..PO. l 2402• Ceatsvolle. CA 91313.2402• v Iialunall o,l Item a590] ReoNer Call Toa -Free 1E 876 27 RL10. RLI Surety P.O. Box 3967 I Peoria, IL 61612-3967 Phone: (800)645-2402 1 Fax: (309)689-2036 w ,.rlicorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Patricia Zenizo Margaret Rodriguez, Pietro Micciche Gracie Lopez- Usabelc Salazar.Jointly or severally in the City of _ Los Amreles , State of _ California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attomev in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." ary w r t lve.ao writxirur, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 21 St day of August 2012 a s�CE �0." RLI Insurance Company . e f �ppPolyrf •:�•�: . SEAL State of Illinois ) ; Roy C. Die Vice President J} SS County of Peoria 'I NtS. """"O"°�"" CERTIFICATE On this 21st day of Aueust 2012 before me, a Notary Public, personally appeared Row C. Die , who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. lc2e.C, lacyu ine M. Bockle Notary Public ,fa E 'OFFICIAL SEAL" r .IACOVEt1NE M. BOCKLER usd COMMISSION EXPIRF303/al/IX I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. in testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 15th , day of January , 2013 RLI Insurance Company Roy C. Die Vice President caeseaoznzrz A0059411 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 To the CITY OF SANTA CIARITA: In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, the Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE "BIDDER'S CERTIFICATION" SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORMA PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. C-11 NON -COLLUSION AFFIDAVIT Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 O BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )1 § ` Pure -S being first duly sworn deposes and says that he is the 22- pmvitZ (sole owner, a partner, president, etc.) of ESQ w the party making the foregoing bid; that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, or that anyone shall refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreements, communication or conference with anyone to fox the bid price of said BIDDER or of any other BIDDER, or to fix the overhead, profit, or cost element of such bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true, and further, that said BIDDER has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or AGENCY thereof, or to any other individual information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company association, organization, bid depository, or to any member or AGENCY thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said BIDDER in his general business. Signed: T er✓Z'i Title V1 11 1_ Subscribed and sworn to and before me this day of 20_. Seal of Notary See Attached Notarization California Jurat C-12 CALIFORNIA JURAT WITH AFFIANT STATEMENT *See Attached Document (Notary to cross out lines 1-2 below) ❑ See Statement Below (Line I to be completed only by document signer(s), not Notary) Signal of Document Signer No. 1 State of California County of Los Angeles NATHAN MAIC 0601410 Col noaalon s 11102096 -o Notary PuGic - California Los Ang" County M Comm. Ex ires Se 23, 2016 Place Notary Sea[ Above Subscribed and sworn to (or affirmed) before me on 16'" day of JANUARY 2013 by --------- ANGEL FIERROS----------------- (1) . NemeoM5 , proved to me on the basis of satisfactory evidence to be the person who appeared before me. i Signature gigwure ofN OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Type of Document: Document Date: Signer(s) Other Than Named Above: No. of Pages: BIDDER'S QUESTIONNAIRE Fiscal Year 2011-2012 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 If the bidder has answered the questionnaire within the past year and there are no significant changes in the information requested, then the bidder need not file a new questionnaire. If there are changes, indicate those changes. Should the space provided not be adequate, so indicate and complete information on a se�par_atepp�age(s) and attach hereto. 1. Submitted by: '% '., -,n ` ka`vl,_� _ Te4ephone: 919 Principal Office�Acdress: J�(K3 e fsce- w WA' 13 L] 2. Type of Firm: T^ave�u°'-i Corporate: Other: Individual: Partnership: 3a. If a corporation, answer these questions: Date of Incorporation: State of Incorporation: President's Name: Vice -President's Name: Secretary or Clerk's .Name: Treasurer's Name: 3b. If a partnership, answer these questions: Date of organization: State Organized in: Name of all partners holding more than a 10% interest: 4. Designate which are General or Managing Partners. n p Name of person holding CONTRACTOR's license: ' ` c { License number: x-7:7 Z-& Class: A'GS-CZiExoiration Date: -30 C-13 BIDDER'S QUESTIONNAIRE (cont'd) Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 5. CONTRACTOR's Representative: Title: w t" i Alternate: Title: 6. List the major construction projects your organization has in progress as of this date: Owner: (A) (B) Project Location: Type of Project: i C-14 CERTIFICATION OF NON -SEGREGATED FACILITIES Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 _.._ ____.—Bld_No._ENG-.12-13-M0091 The CONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The CONTRACTOR certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The CONTRACTOR agrees that a breach of this certification is a violation of the Equal Opportunity clause in this Contract. As used in this certification, the term "segregated facilities' means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The CONTRACTOR agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. I evj _6014TRACTCk Required by the May 19, 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor — 32 F.R. 7439, May 19, 1967 (F.R. Vol. 33, No. 33 — Friday, February 16, 1968 — p. 3065). C-15 ADDENDUM 1 For Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide) City Projects M0091, M0092, and T0038 Bid No. ENG -12-13-M0091 December 18, 2012 This Addendum form is a part of the Contract Documents Jor the above -identified project and inodiJies the original Specifications and Contract Documents, as noted below. Poriioas of the Contract. not specifically mentioned in the Addendum, remain in force. All trades affected shrill be fidly advised of these changes, deletions, and additions. A-1 Notice Inviting Bids: This addendum changes the bid opening date to Thursday, January 17, 2013. Replace the first and fifth paragraphs of the Notice Inviting Bids with the following new paragraphs. PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Santa Clarity for the Fiscal Year 2012-2013 Annual Concrete Rehabilitation Program (Citywide). Bids must be submitted to the Purchasing Division, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA, 91355, before 11:00 a.m., on Thursday, January 17, 2013 at which time, or shortly thereafter, they will be publicly opened and read in the City Clerk's Office, Suite 120. Bidders may fax their questions to Christina Monde at (661) 255-4938 of e-mail at cmonde0santa- clarita.cont until 5:00 p.m. on or before January 7, 2013. Any questions submitted after January 7, 2013 will not be answered. Addenda, if issued by the Agency, will be transmitted by electronic E-mail. All plan holders shall provide a valid, accessible a -mail address in order to receive timely addenda. It is the responsibility of the plan holder to provide a correct and monitored a -mail address. All signed addenda must be submitted with the bid proposal. Failure to sign and return all addendunts shall render the bid non-responsive. Lt_ J Robert G. Newman, Director of Public Works City of Santa Clarita BIDDER'S CERTIFICATE I acknowledge receipt of this Addendum 1 and accept the aforementioned. c��, I (� , 2013 � �� r � Date Bi er's Signature THIS DOCUMENT TO BE SUBMITTED WITH BID Annual Cunaeie Rehabilitation — Id0091, 1,10092, T0038 Page 1 of I vp CAPITAL IMPROVEMENT PROJECT AGREEMENT Contract 13-00028 2012-2013 Annual Concrete Rehabilitation Program, Project Numbers M0091, M0092 & T0038 This AGREEMENT is made and entered into for the above -stated project this day of 20, BY AND BETWEEN the CITY OF SANTA CLARITA, as CITY, and FS Construction as CONTRACTOR. CITY and CONTRACTOR have mutually agreed as follows: ARTICLE I That contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, special drawings, appendices, and City's Labor Compliance Program; together with this AGREEMENT and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said AGREEMENT documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above - stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents: and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Revised 1/2012 Pale I of 7 ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ. CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE V City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, .and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR'S performance of or failure to perform any services under this Agreement, or by the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, committed in performing any of the services under this Agreement. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or earlier termination of this agreement. The provisions of this section do not apply to Claims occurring as a result of the City's active negligence or acts of omission. ARTICLE VI CONTRACTOR affirms that the signatures set forth hereinafter in execution of this AGREEMENT represent all individuals, firm members, partners, joint venturers, or corporate officers having principal interest herein. ARTICLE VII Nature of Relationship CONTRACTOR shall not be subject to day-to-day supervision and control by CITY employees or officials. CONTRACTOR shall perform services in accordance with the rules, regulations Revised 1/2012 1 Page 2 of 7 and policies of CITY respecting such services, and in accordance with appropriate standards of professional conduct, if any, applicable to the services provided. CITY shall not beresponsible for withholding any payroll or other taxes on behalf of CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and at all times shall be; an independent CONTRACTOR and nothing contained herein shall be construed as making the CONTRACTOR, or any individual whose compensation for services is paid by the CONTRACTOR, an agent or employee of the CITY, or authorizing the CONTRACTOR to create or assume any obligation of liability for or on behalf of the CITY. ARTICLE VIII CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but not limited to, the following and as otherwise required by law. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the CITY. In the event the said insurance is canceled, the CONTRACTOR shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. Liability Insurance During the entire term of this agreement, the CONTRACTOR agrees to procure and maintain General Liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities, mors or omissions, of the CITY, or CONTRACTOR or any person actino for the CITY, or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the CITY against incurring any legall cost in defending claims for alleged loss. Such General, Public and Professional liability and property damage insurance shall be maintained in full force and effect throughout the term of the AGREEMENT and any extension thereof in the amount indicated above or the following minimum limits: A combined single limit liability policy in the amount of $2,000,000 or a commercial general liability policy with a $2,000,000 occurrence limit and a $4,000,000 aggregate limit will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and, shall name the City of Santa Clarita as additional insured. A Certificate of Insurance and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City's Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. Revised 1/3012 Paee3 of Should CONTRACTOR for any reason, fail to obtain and maintain the insurance required by this ALreement City may obtain coverage at CONTARCTOR'S expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative should CONTRACTOR fail to meet any of the insurance requirements under this agreement. City may cancel the Agreement immediately with no penalty. Should Contractor's insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation CONTRACTOR must ensure that there is no lapse in coverage. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance - shall not be construed as limiting in any way the extent to which the CONTRACTOR may be held responsible for the payment of damages to persons or property resulting from the CONTRACTOR's activities or the activities of any person or persons for which the CONTRACTOR is otherwise responsible. Worker's Compensation Insurance The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify, inure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. Automotive Insurance The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this AGREEMENT, and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Fire and Extended Coverage Insurance (Services involving real property only) CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. Revised 1/2012 Page 4of7 ARTICLE IX Pursuant to Senate Bill 542, chaptered in 1999, the Employment Development Department (EDD) of the State of California requires that a W-9 Form be filed by all vendors for all AGREEMENTS entered into with the City. CONTRACTOR agrees to complete all required forms necessary to comply with EDD regulations. ARTICLE X Term This AGREEMENT shall be effective for a period beginning on the date shown in the Notice to Proceed, and ending on 35 days after the date of recordation of the Notice of Completion unless sooner terminated. Modification/Termination No modification, amendment or other change in this AGREEMENT or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. This AGREEMENT may be terminated with or without cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services shall require thirty (30) days advance written notice unless otherwise agreed in writing between CONTRACTOR and CITY. In the event of termination, CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the notice of termination. Conflict of Interest CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. Non -Effect Waiver CONTRACTOR's or CITY's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of future exercise of such rights or remedies, unless otherwise provided for herein. Severability In the event that any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be construed as if such unenforceable provisions are not a part hereof. Govertin Law Revised 1/2012 Pines of 7 This AGREEMENT shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Compliance with Law CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government, including City's Labor Compliance Program. CONTRACTOR shall comply with all aspects of the National Poll utant.Discharge Elimination System (NPDES) in order to prevent pollution to local waterways. Failure to implement NPDES Requirements shall result in project delays through City issued Stop Work Notices and/or fines levied against the CONTRACTOR. Prevailing Wages If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and -1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY'S Engineering Division or the website for State of California prevailing wage determination at www.dir.ca.Qov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. This contract is subject to state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. The Contractors and its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent state statues and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S.. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Revised 12012 Page 6 of 7 Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. The parties hereto for themselves. their heirs, executors, administrators, successors. and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names and titles this day of 20_. CONTRACTOR: CONTRACTOR Name: Address: Phone & Fax No. Art, SIGNATURES NIUST BE Signed By: WITNESSED BI'NOTAR]' CITY: Attest: Approved as to Form: Print Name & CONTRACTOR's License No. Class Date: Mayor/City Manager of the City of Santa Clarita Date: City Clerk of the City of Santa Clarita City Attorney of the City of Santa Clarita Date: Revised 1/2012 Page 7 of 7