HomeMy WebLinkAbout2013-12-10 - AGENDA REPORTS - CH SEISMIC RETROFIT PROJ F1017 (2)CONSENT CALENDAR
DATE:
SUBJECT:
1110600113V1:4215
Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
December 10, 2013
J
Curtis Nay
CITY HALL SEISMIC RETROFIT, PROJECT F1017 - AWARD
CONSTRUCTION CONTRACT
Public Works
RECOMMENDED ACTION
City Council:
1. Approve the plans and specifications for the City Hall Seismic Retrofit, Project F1017.
2. Award the construction contract to Fast -Track Construction Corporation in the amount of
$1,192,400 and authorize a contingency in the amount of $238,480 for a total contract
amount not to exceed $1,430,880.
3. Authorize an expenditure in the amount of $115,647 to Brooke Rege Corporation for a
professional services contract to provide project inspection and construction management.
4. Appropriate $698,408 from General Fund Capital Projects (601) fund balance to expenditure
account F1017601-5161.001 to support the City Hall Seismic Retrofit project.
5. Create anew project, City Hall Accessibility Improvements, Project F1021, and appropriate
$250,000 from General Fund Capital Projects (601) fund balance to expenditure account
F1021601-5161.001 for modifications to bring City Hall into compliance with the California
Building Standards Code (CBSC) and the Americans with Disabilities Act (ADA).
6. Authorize the City Manager or designee to modify all documents to contract with the next
lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its
obligations or perform, subject to City Attorney final document approval, contingent upon the
appropriation of funds by the City Council in the annual budget for such fiscal year.
7Anjili1 r1,n► r n
BACKGROUND
The City Hall building is an indispensable asset to the City of Santa Clarita (City). The building
is occupied by numerous City departments and is vital to the daily activities and services
provided by the City. City Hall is also designated as an Emergency Operations Center (EOC). In
the event of a natural disaster, the building is relied upon to provide immediate occupancy for
emergency personnel.
Buildings containing an EOC are classified as "essential" facilities by the California Building
Standards Code. To ensure an essential facility remains functional after a large earthquake, the
structure is required to comply with stringent seismic codes. The ability of City Hall to provide
emergency services following a seismic event is the focus of this project.
Originally constructed in 1986, the City Hall building is three stories tall and contains roughly
74,000 square feet of office space. The building was heavily damaged in the 1994 Northridge
earthquake and subsequently retrofitted to comply with building codes at the time. It has been
approximately 20 years since the Northridge quake, and the structure does not comply with
current seismic requirements of the Uniform Building Code for essential facilities. It is
reasonable to assume a future seismic event similar in magnitude to the 1994 Northridge
earthquake will render City Hall unsuitable for EOC operations.
The purpose of the City Hall Seismic Retrofit Project is to provide the construction required to
retrofit the building and comply with current building code requirements. This project includes
the addition of steel frame bracing with dampers strategically placed on the first and second
floors of the building. The project also includes the redesign and relocation of existing
workstations, offices, conference rooms, mechanical, electrical, telephone/data, and plumbing
systems.
The City was awarded a FEMA grant to partially fund the costs for the design and construction of
the retrofit. The grant is to seismically retrofit the City Hall building to standards and codes
required for essential facilities.
An invitation to bid was published three times: October 2, October 5, and October 8, 2013, and
was noticed on the City's website. Plans and specifications were also sent to area plan rooms.
Four bids were submitted to the City and opened by Purchasing on November 6. The results of
the bids are shown below:
Company
Fast -Track Construction Corporation
Courts Construction Company, Inc.
AMG & Associates, Inc.
Waisman Construction, Inc.
Location
Bid Amount
Culver City, CA
$1,192,400
Glendora, CA
$1,193,925
Valencia, CA
$1,257,000
Canoga Park, CA
$1,567,000
2
Staff recommends the project be awarded to Fast -Track Construction Corporation, the lowest
responsive bidder. This contractor possesses a valid state contractor's license and is in good
standing with the Contractor State License Board. The contractor's bid was reviewed for accuracy
and conformance to the contract documents and found to be complete.
The 20 -percent construction contingency amount requested will cover costs of unforeseen site
conditions and any potential conflicts with existing utilities behind walls and ceilings.
Professional services in the amount of $115,647 are needed to provide for construction
management and structural inspection. City staff does not have experience with this type of
project and has selected Brook Rege Corporation to provide these specific seismic retrofit skills
and expertise.
Funding in the amount of $125,000 is needed for staff oversight, special inspection and material
testing, labor compliance, fire inspection, furniture relocation and replacement, and
miscellaneous costs.
The CBSC and the ADA require local governments undertaking facility renovations to bring any
known accessibility deficiencies into compliance with current accessibility standards. A site
assessment was performed by National Access Consultants to identify accessibility issues at the
City Hall building. Due to the proposed seismic upgrade, City staff reviewed and updated the
assessment in January 2013. Staff developed a list of modifications needed to comply with
current disabled access standards, and prepared estimates for the various accessibility
improvements to City Hall. This work includes door signage, handicap entrance decals, and suite
number plaques in braille. Restroom and plumbing modifications for drinking fountains, grab
bars, and sink counter height adjustments will also be included. Site improvements to concrete
walkways will include removal and replacement of non-compliant ramps and walkways. The
combined costs for these projects are estimated at $250,000. Staff recommends a funding
allocation for this work be included as part of this item, since the facility renovations from the
City Hall Seismic Retrofit project triggers the work to address accessibility deficiencies. The City
Hall Accessibility Improvements project will be bid by separate contract.
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 State Public Contract Code with regard to
public works project procurement. In these types of procurement, the Public Contract Code does
not permit a City to utilize a "Support of Local Businesses" policy and instead 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. Thus, in the awarding of Public Works contracts, the City is not permitted to
award to a bidder just because they are local as the State Public Contract Code does not allow the
City to recognize them as the "lowest" responsive bidder.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
Funds in the amount of $1,120,477 are currently appropriated in the City Hall Retrofit
expenditure budget. The requested appropriation of $698,408 from the General Fund Capital
Projects fund balance into expenditure account F1017601-5161.001 will create a total project
budget of $1,818,885. Of this total amount, $147,358 has been spent or encumbered to date,
leaving an existing available budget of $1,671,527. This amount will adequately provide for
construction costs not to exceed $1,430,880, professional services contract of $115,647, and
$125,000 for staff oversight, special inspection and material testing, labor compliance, fire
inspection, furniture relocation and replacement, and miscellaneous costs.
The appropriation of $250,000 from the General Fund Capital Projects fund balance into
expenditure account F1021601-5161.001 for the City Hall Accessibility Improvements is
anticipated to fully provide for all required ADA improvements to the City Hall building.
ATTACHMENTS
Bid Proposal for Fast -Track Construction Corporation available in the City Clerk's Reading File
Contract for Fast -Track Construction Corporation available in the City Clerk's Reading File
N
SECTION C. PROPOSAL
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita, California
TO THE CITY OF SANTA CLARITA, AS AGENCY
In accordance with AGENCYs 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 and that 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 AGENCY's option, be
considered null and void.
Company Name: Fast -Track Construction Corporation
Company Address: 5857 Uplander Way
Culver City, CA 90230
By, Shiva Ram
Prins Name
Vice Presidprit
Signature: Signature:
Date: 11/4/2013
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BID SCHEDULE
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita, California
The City of Santa Clarita is bidding this project as a LUMP SUM BID.
DESCRIPTION OF WORK:
The work consist of furnishing all material, equipment, supervision, labor and incidentals to construct
the Santa Clarita City Hall Seismic Retrofit Project complete as shown on the plans and described in
these contract documents. Work shall be done in accordance with the plans and contract documents
known as "Santa Clarita'City Hall Seismic Retrofit".
TOTAL AMOUNT LUMP SUM IN NUMBERS:
1,1ga, 46-0rO
TOTAL AMOUNT LUMP SUM IN WORDS:
r
�
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DESIGNATION OF SUBCONTRACTORS
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 1 1-PJ21 2011-0002
City of Santa Clarita, California
Listed below are the names and locations of the places of business of each subcontractor who will perform work
or labor or render service in excess of 1/2 of 1 percent of the prime contractor's total bid or ten thousand dollars
($10,000), whichever is greater. The form MUST be returned with bid, filled in or annotated with "No
Subcontractors" if none will be used.
For projects receiving federal funds DBE type certifying agency, age of firm and annual gross receipts
are ONLY required if sub contractor is participating as a DBE
Subcontractor:
Doll r Value of Work:
h*91ka .oa --f-for) Po-tvg
Ill, "6 0"
License No.: 2/ q32-3
Exp. Date:06 130 12o16
Phone 06 *3 - o3o z
Location of Place of Business:&
Te.�
Bid Schedule Item Nos:
Description of Work
Bid Schedule Item Nos:
Description of Work
SJrU z�,C
DBE status YES or NO
DBE type:
A e of firm:
DBE $ Value of Work:
Certif inc agency:
A e of firm:
Annual gross receipts:
ntractor:
Dollar Value of Worki—Tech
Lo,I,>
E:
44ig, X30e
Na: �
Exr). Date: 02 /2S' l 20(5
Phone q51 363- $0¢Z
Location of Place of Business:
Te.�
Bid Schedule Item Nos:
Description of Work
HIt,C"Vk-, t ,
DBE status YES or NO
DBE type:
DBE $ Value of Work:
Certif ing agency:
A e of firm:
Annual gross receipts:
NOTE For public construction proiects ONLY:
Total percentage of work by subcontractors may not exceed 70% unless otherwise specified in
this document.
C-3
DESIGNATION OF SUBCONTRACTORS
SANTA CLAR/TA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita, California
Subcontractor:
C1,�Sem 6164A�A-f-
Dollar ValueWork:
o
_�
License No.:
Exp. Date: 03 / 31 / Zo!
Phone �l4 �o r�lo5
Location of Place of Business:
rl.Ld,� / (A -
Bid Schedule Item Nos:
Description of Work ff
V' lai ll
DBE status YES or NO
DBE type:
DBE $ Value of Work:
Certifying agency:
A e of firm:
Annual gross receipts:
Subcontractor:
(Z (
Dollar Value of Work: f2ioo'O
Subcoptractor
dCU—, toR-ye.._
License No.: g051(4-
Exo. Date: (D /3(/ 2015
Phone 9 4,39- 19
Location of Place of businessflfl:�p
aa�
`u uor U ✓t
Bid Schedule Item Nos:
Description of Work
1 -ice. S y'n,�Gltil
DBE status YES or NO
DBE type:
DBE $ Value of Work:
[Annual
Certifying agency:
A e of firm:
gross recei ts:"
Subcontractor:
(Z (
Dollar Value of Work:
$12, cr mo
License No.: q5 20
Date: 05-/ 3( 12o(T
Phone 11 530, q400
-Exp.
Location of Place of Business:
15� `` (n //
t",.%.�1..¢�v� Yyg0vc
Bid Schedule Item Nos:
Description of or
G(e�wicrti� L hCe��cvn,�t.�
DBE status YES or NO
DBE type:
DBE $Value of Work:
Certif in agency, :
A e of firm:
Annual ross Le cei ts:
NOTE For public construction projects ONLY:
Total percentage of work by subcontractors may not exceed 70% unless otherwise specified in
this document.
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DESIGNATION OF SUBCONTRACTORS
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project Flo 17
Federal Aid Project No. PDM ll-PJ212o11-0002
City of Santa Clarita, California
Subcontractor:
License No.:
Ex . Date: / /
Dollar Value of Work:
Dollar Value of Work:
Phone
Location of Place of Business:
Ph
Place of Business:le
Bid Schedule Item Nos:
Description of Work
Item Nos:
L
DBE status YES or NO
Certif in a enc :
DBE type: 77DBE$
A e of firm:
Value of —Wo—rk:-7
al ross recei ts:
tor:
Dollar Value of Work:
.:
Ex . Date: / /
Ph
Place of Business:le
Item Nos:
L
Descriptionof Work
YES or NO
DBE type:
Denc
:
A e of firm
Annual gross receipts
NOTE For Public construction projects ONLY:
Total percentage of work by subcontractors may not exceed 70% unless otherwise specified.in
this document.
c -s
DESIGNATION OF SUBCONTRACTORS
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
Subcontractor:
License No.:
Ex . Date: / /
Dollar Value of Work:
Phone
Location of Place of Business:
Bid Schedule Item Nos:
Description of Work
DBE status YES or NO
Certifying agency:
DBE type:
A e of firm:
DBE $ Value of Work:
Annual gross receipts:
NOTE For public construction oroiects ONLY:
Total percentage of work by subcontractors may not exceed 70% unless otherwise specified in
this document.
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Exp. Date: / /
Dollar Value of Work:
Phone
Subcontractor:
License No.:
Location of Place of Business:
Bid Schedule Item Nos:
Description of Work
FDBEfstatu'=YES or NO
ein agency:
DBE type:=Annual
Ae of firm:
Value of Work:
gross receipts
NOTE For public construction oroiects ONLY:
Total percentage of work by subcontractors may not exceed 70% unless otherwise specified in
this document.
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REFERENCES
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG-13-14-FI017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
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:
t City Of Oxnard
Name and Address of Owner / Agency
Patricia Friend (805) 797-6187
Name and Telephone Number of Person Familiar with Project
1,166,000.00 Renovation
Sep -2011
Contract Amount Type of Work
Date Completed
2 Housing Authority of the County of Los Angeles
Name and Address of Owner / Agency
Jose Rosas (323) 260-3464
Name and Telephone Number of Person Familiar with Project
1,227,000.00 Roofing, Solar, Structural Reinforcement
Dec -2011
Contract Amount Type of Work
Date Completed -
3. Metrolink
Name and Address of Owner / Agency
Naresh Patel (909) 592-7969
1,320,000.00 May -2012
Contract Amount Type of 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:
Surety; Philadelphia Indemnity. Insurance Company/ 251 S Lake Ave, Pasadena, CA 91101/ (626) 639-1328
Broker; Sierra Summit Surely Insurance Services/ 9411 Haven Avenue, Suite 201 Rancho Cucamonga, CA 91730/ (909) 919-2432
Fast-track Construction Corporation
Contractors Name
C-7
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa C/arita, California
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.
None, No exceptions
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-8
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
* * * (Must be filled out by the Bidder and ALL subcontractors over $10,000) ...
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No, PDM 11-PJ212011-0002
City of Santa Clarita, California
This bidder FAST--ig t< (p(US7P� p"l CoRP r
hereby certifies
that he has , has not --X_, participated in a previous contract or subcontract subject to the
equal opportunity clause, as required by Executive Orders 10925.11114, or 11246, and that he has
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: FA' T-71; cy CcPVSTe()Cilo;J COKP,
By: SHim �Atl
Title: Vice- PyeA 041
Date: I l � � 5113
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.
C-9
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 betaken to meet all equal employment opportunity requirements of the contract
documents.
Bidder's Name: Fast -Track Construction Corporaton
Business Address:
Telephone No.:
5857 Uplander Way, Culver City, CA 90230
(310) 215-3099
State CONTRACTOR's License No. & Class:
Original Date: 7/28/1993
Expiration Date: 7/31 /2015
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:
Randy Tyler, CEO, 5857 Uplander Way Culver city CA 90230, (310) 215-3099
Richard Tyler, President, 5857 Uplander Way Culver city CA 90230, (310) 215-3099 Ext: 12
Shiva Ram, Vice President, 5857 Uplander Way Culver city CA 90230, (310) 215-3099 Ext: 16
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 this proposal was an owner, corporate officer, partner or joint venture are as follows:
0 4l—
C-1 0
/
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All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in
this proposal are as follows:
Fast -Track Construction
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and
seals of all aforementioned principals this <a, day of Nove , 2013.
BIDDER
11a/Iurvwv--- -
Signature
Shiva Ram / Vice President
Name and Title of Signatory
Fast -Track Construction Corporation
Legal Name of Bidder
5857 Uplander Way, Culver City, CA 90230
Address
(310) 215-3099
I elephone Number
95-4423071
Federal Tax I.D. No.
SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGMENTS OF EXECUTION OF BIDDER
MUST BE ATTACHED
Subscribed and sworn to this 4th
Notary Public Bobby Ragasa
C-11
day of November 2013.
(SEAL)
•.� .• r
asC•vn4.. <.... �v.»ve. aa.»...as .>c�a5 ht,a1
State of California l
County of Los Angeles T
On 11-04-13 before me, Bobby Raoasa Notary Public
Rem Inserl Name Intl TXb of tl>a OlAees
Dale
personally appeared Shiva Ramnkrishnan
ame(a of Sgnel(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)@are subscribed to the
within instrument and acknowledged to me that
h she/they executed the same in hi rRheir authorized
BY P. RAGASA capacity(ies), and.that by
Instrument
signature(s) on the
BOB
.�
COMM.111878860 Instrument the person(s), or the entity upon behalf of
1%1 NOTARY PUBLIC -CALIFORNIA n which the person(s) acted, executed the instrument
LOS ANGELES COUNTY 4111.a My Ovmm. Eapine Feb. 01, 1011
�-.. I certify Under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and off! ' eal.
Signature_ sl 1weofNowyFulalle
Place Notary Seel Abwe
OPTIONAL
Though rhand could prevent fraudulent relmoval and red by law, Ireatt rt may eattachment of this rove l to= oe to f another sons relying
on the document
document
Description of Attached Document
Title or Type of Document: Bidders Information and Certification - Santa Clarfta City Hall Seismic Retrofit
Document Date:
11-04-13 Number of Pages: 2
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signers Name:
❑ Individual
❑ Corporate Officer—Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNE(i
Signers Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
PIGMfTRUMBPRINT
DF SIGNER
BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID
NOTE: The following form shall be used in case check accompanies bid.
Accompanying this Proposal is a 'certified/cashier's check payable to the order of the City of Santa
Clarita for: See Bid Bond dollars ($ ), this amount
being not less than ten percent (100/6) 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: SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita. California
Fast-Treck Construction Corpora5on
CONTRACTOR
5857 Uplander
Address
Culver Cly, CA 90230
City, State, Zir
' 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.
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PROPOSAL GUARANTEE
BID BOND
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
r^ank
KNOW ALL MEN BY THESE PRESENTS that Const tructTracion Corp+nrar; on , as BIDDER,
and Philadelphia IndemnityInsurance Company as SURETY, are held and
firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum
of Ten percent of bid amount dollars ($ 109, ), which is ten percent
(10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of
which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly bythese presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid
to AGENCY for the above -stated project, if said bid is rejected, or it said bid is accepted and the contract
is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be
null and void, otherwise it shall 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
1st Day of November , 2013.
BIDDER: Fast Track construction Corporation -5857 Lplander Wa r„ r;tv CA 90230
(310)215-3099
SURETY': Philadelphia Inde ity Insurance Company -251 South Lake Avenue, Suite 360:Pasadena, CA 91101
(626)639-1321
R.E. Gail, Attorney in Fact
Subscribed and sworn to this day of __ 2011
NOTARY PUBLIC:
"Provide BIDDER and SURETY name, address, and telephone number and the name, title, address, and
telephone number for authorized representative.
IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570, as amended) and be authorized to transact business in the State where the
project is located.
C-13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
a3�S Ga�Cs;t;1Ss<�sf.�gfCc>.3AoS..s.<^.S
State of California
County of San Bernardino
On before me, Stacia C. Baker, Notary pub' is
61 Herelneerl Narita entl Tule of tlraoll¢er
personally appeared R.E. Gail
who proved to me on the basis of satisfactory evidence to
be the person(s) whose names) is/ere subscribed to the
within instrument and acknowledged to me that
he/614644ey executed the same in his/#efAheir authorized
STACIA C. BAKER ca Pacit
Y(e9), and that by his/FTer,�keir signature( on the
COMM.4 1954812 z instrument the person(, or the entity upon behalf of
which the
zt',a...�,'i•
NOTARY persona) acted, executed the instrument.
`* SAN BERNARDINOCOUNTY
My Comm. Expires Qct. 29, 2o-ls 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 offic al seal.
Plate Notary Seal Above Signature{�tu�� D
Sgnaore of Nctiftry Public
OPTIONAL
Though the information below is not required bylaw, 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)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): _
❑ Partner —❑ Limited 0 General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIG HTTHU67BPRINT
OF SIGNER
Number of Pages:
Signer's Name
❑ Individual
❑ Corporate Officer —Tltle(s): _
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
flQG j!UN7BPRINT
OF SIGNER
466
PHILADELPHIA INDEMNITY INSURANCE COMPANY
231 St Asaph's Rd., Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, dos hereby constitute and appoint "Gail, of Sierra Summit Surety Insurance Services, Ina I its true
and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in
the nature thereof; issued in the course of its business and to bind the Company thereby, in an amount not to exceed X55,000,000.00
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Bored of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 10 day of July, 2011.
RESOLVED: That the Board of Direction; hereby authorizes the President or any Vim President of the
Company to: (1) Appoint Atmmey(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney, or certificate relating thereto by facsimile, and any such Power of
Attorney an executed and certi5ed by facsimile signatures and facsimile seal shall be
valid and biding upon the Company in the future with the respect to any bond or
tmdettaldrigto which it is attached.
TO
.IN TESTIMONY WHEREOFF,,,PPHILADFELPHIA LTO 13E pFFMND BY Ifs INCE COMPANY
ZED NY HAS OFFTHIS CAUSE DnWAY I ST FEBRUARY
BE SIGNED AND
ITS CORPTE
s
4
(Seal) °
RobertD. O'Learyh., President & CEO
Philadelphia Indemnity Insurance Company
On this 7i° day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that
he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seel and his signature were duly affixed.
caatamnwegr. opnara+ev�vgroq
NOTgR(PLEFAL' -
04NIFIIEPORAIH,NNeryPucic
LowMemnTr ., sqCO
r�
Commbsbn MeiM2Z�ita ,...
Notary Public:
6a �
(Notary Seal)
My commission expires: Me h 22 2016
4 Craig P. Kellar Executive Vim President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do baby certify that
the foregoing nsolution of the Board of Directors and this Power of Attorney issued pursuant thereto aretrue end correct and we still in full forward effect I do
former certify that Robert D. O'Lrsry Jr.. who executed the Power of Attorney as President, was on the date of azwution of the attached Power of Atmmey the duly
elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
d nfi NOV 012013 (l�
In Testimony Whereof I have subscribed my name and affixed the %asimtle seal of each Company this L� aY
aFjjtlTY �,
:�`�.•' +• , s�*g.,
Craig P. Keller, Executive Vim President, Chief Financial Officer &Secretary
PHLADELPEIA INDEMNITY INSURANCE COMPANY
Wr 1927f y4i...nxN
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r. 0u' <Id,.<�S.aS.. ga,7.Y..2cG�5,.. <a ?TC .�k<a.•3Gyq+. »LaaG•iK.<3k)a\,:?.:\. BS.HktiL.�w.�> 0¢nc s)Li
State of California
County of Los Angeles
On 11-04-13 before me, Bobby Ragasa Nota y Public
Dela Here InaeN Nems end Ile of Iprl i Officer '
personally appeared Shiva Ramakrishnan
Name(s) of igger(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) @are subscribed to the
within instrument and acknowledged to me that
h sheRhey executed the same in(hi edtheir authorized
capacity(ies), and that by t•I hedthe)r signature(s) on the
e B®Bray P. FtAGASA instrument the person(s), or the entity upon behalf of
v cowm. neTseso n which the person(s) acted, executed the instrument
NOTARY PUDLIC • CgLIFORNIq
Q LOS AN4ELag CDUNTY ja
Acy Comm, EaPine Fab. tlt, 70tq I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and offici I seal.
Piece NOtary SNI Abme Signature
$I of re of Notary Pudk
OPTIONAL
Though the irdormalion below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment or this form to another document.
Description of Attached Document
Title or Type of Document: Proposal Guarantee Bid Bond - Santa Clarita City Hall Seismic Retrofit
Document Date: 11-01-13 Number of Pages:
Signer(s) Other Than Named Above:
Capacfty(fes) Claimed by Signer(s)
Signer's Name:
❑ Individual
O Corporate Officer—Title(s):
❑ Partner — ❑Limited ❑General
❑ Attorney in Fact
❑ Trustee Top of thumb he e
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name;
❑ Individual
❑ Corporate Officer—Title(s): _
❑ Partner — ❑ Llmited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top Of bnb hon
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita, California
To the CITY OF SANTA CLARITA:
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 c
ontract 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-14
NON -COLLUSION AFFIDAVIT
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa clarite, California
TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )) §
Shiva Ram
the Vice President
being first duly sworn deposes and says that he is
(sole owner, a partner, president, etc.) of
Fast -Track Construction Corporation
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 fix 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:
Title Vice President
Subscribed and sworn to and before me this 4th day of November
Seal of Notary
0-15
2013.
GiiL.FvSia' � .oai..<)e:e`»,.4iY�i n. 94fi1t.-GiuY>ia �G.S <a43?v». �;.: n. nGca.,s>S: .».vn
State of California
County of Los Angeles
On 11-04-13 before me, Bobby Ragasa Notary Public
Here Inwtt Nemo entl TOb b Yro Imr
Dale
personally appeared Shiva Rmmnkrishnan
Names) of SlOmr(s)
BOBSY P. R� AGA
a cOMMi. 81878860 N
:.i NOTARY PUSLIC.CALIFORNIA M
N LOS ANGELES COUNTY A
aMy Comm. S+PF.b. 01, 3014
Place Notary Seel Aeoae
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Is are subscribed to the
within instrument and acknowledged to me that
h sheRhey executed the same in hi edthelr authorized
capacity(ies), and that by is herlthelr signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and 'olffseal.
Signature pnelure of Notary Punk
OPTIONAL
Though theinformation
culdiprevelow is not nt fraudulent rerred moval and reattalaw, it chment or this for to rove valuable to orsons anotherYdocument n the document
Description of Attached Document
Title orType of Document. Non Collusion Affidavit Santa Clarita City Hall Seismic Retrofit
Document Date:
11-04-13 Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signet's Name:
❑ Individual
❑ Corporate Officer—Thle(s): —
❑ Partner—❑Limited ❑General
❑ Attorney in Fact
I
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
IAIGHTTHUMBPHINT
OF 9GNER
Signer's Name:
❑ Individual
❑ Corporate officer — Tille(s): _
Cl Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHMABPRINT
OF SIGNER'
0
in
V .L.SV'/��GL�-v«•�'.y<t!:VSv<v G(� VS'v,:V<L G`!SS�<�_S"f/S'd��L4�!G�4(v
e.V '1
BIDDER'S QUESTIONNAIRE
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarlta, California
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 separate page(s) and attach hereto.
1. Submitted by: Fast -Track Construction Corporation Telephone: (310) 215-3099
Principal Office Address: 5857 uplander way, Culver City, CA 90230
2. Type of Firm: Corporation
Corporate: Other:
Individual:
3a. If a corporation, answer these questions:
Date of Incorporation: 1983 State of Incorporation:
President's Name: RichaTyTyiar
Vice -President's Name: sh. Ram
Secretary or Clerk's Name: RandyTyier
Treasurer's Name: Angela Gram
California
3b. If a partnership, answer these questions:
Date of organization: State Organized in:
Name of all partners holding more than a 10% interest:
�RgOd yler 80% Richard^yeT er 20%
Designate which are General or Managing Partners.
4. Name of person holding CONTRACTOR's license: Richard Tyler
License number: 674890 Class: B&D06 Expiration Date: 7/31/2015
C-16
BIDDER'S QUESTIONNAIRE
(cont'd)
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 1 1-PJ21 2011-0002
City of Santa Clarita, California
5. CONTRACTOR'S Representative: Shiva Ram
Title: vice Pmsident
Alternate: 13obby Rogasa
Title: sr Pmject Manager
6. List the major construction projects your organization has in progress as of this date:
Owner: (A) Long Beach Community College (B) ime, A-!� T
Project Location: Long Beach Soh - /,1 0J,: C -
Type of Project:
t
C-17
CERTIFICATION OF NON -SEGREGATED FACILITIES
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita, California
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 Jots, 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 cl e, and that he will retain such
certifications in his files.
Fast -Track Construction Corporation
CONTRACTOR
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-18
NON -LOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 1 1-PJ21 2011-0002
City of Santa Clarita, California
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge
and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying
Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such sub -recipients shall certify and disclose accordingly.
THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE "BIDDER'S CERTIFICATION"
SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS
WHICH FORM A PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE
CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION.
C-19
DISCLOSURE OF LOBBYING ACMrITtF.0
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
❑ a. contract ❑ a. bid/offer/application ❑ a, initial
b. grant b. initial award b. material change
C. cooperative agreement c. post -award
d, loan
e. loan guarantee
L loan insurance
4. Name and Address of Reporting Entity
❑ Prioe Subawardee
Tier _ , if known
Congressional District, if known
6. Federal Department/Agency:
8. Federal Action Number, if known:
F aterial Change Only:
year_ quarter
date of last report
5. If Repo Entity in No. 41s Subawardee,
Enter Nalne and Address of Prime:
Congressional
7. Federal Proer
CFDber, if applicable
9. A and Amount, if known:
10. a. Name and Address of bby miry b. Individuals Performing Services (including
(If individual, last , fust , MI) address if different from No. 10a)
(last name, fust name, MI)
( ch Continuation Sheet(s) if necessary)
11. Amount of Payment (check that apply) 13. Type of Payment (check all that apply)
$ 11 us] [] planned a. retainer
b. one-time fee
12. oto of Payment eck all that apply): B
a. cas c. commission d. contingent fee
b. ' d; specify: nature a deferred
value f. other, specify
14. Bri escription of Services Performed or to be performed and Date(s) of Service, including
Officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes E] No El
16. Information requested through this foot is authorized by Tide
31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature:
was placed by the der above when his transaction was made
or entered into. This disclosure is required pursuant to 31 Shiva Rem
U.S.C. 1352. This information will be repotted to Congress Print Name:
semiannually and will be available for public inspection. Any
Person who fails to file the required disclosure shall be subject Tide: Vire Realdent
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure. Telephone No.: (310) 215-3098 Date: 11/412013
Authorized for Local Reproduction
!deral Use Only: Standard Form LLL
Ci -20
INSTRUCTIONS FOR COMPLETION OF SF -LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer
or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.
Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items
that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to
the information previously reported, enter the year and quarter in which the change occurred. Enter the date of
the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a
prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the
first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Eater the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1
(e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the
contract grant or loan award number, the application/proposal control number assigned by the Federal agency).
Include prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. .
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influenced the covered Federal action.
(b) Fater the full names of the individual(s) performing services and include full address if different from 10
(a). Enter Last Name, First Name and Middle Initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the
lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned).
Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or
planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind
contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14.Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent
in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officers)
employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,
including time for reviewing instruction, searching existing data sources, gathering and maintaining the data - -
-- needed, and completing and reviewing the collection of information: Send comments regarding the burden -
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
C-21
Fast -Track Construction Corporation
Bidder's Finn Neme
ICONSTRUCTION EXPERIENCE INFORMATION FORM
ONLY LIST PROJECTS MEETING THE CRrIERIA AS SPECIFIED
(Copy the form as necessary to fill one form per project)
Fort MacArthur U.S. Airforce Historic Retrofit
San Pedro, California
-Earth Tarh, Inc Project Name
Project Location (City & State)
300 Oceangate, Suite 700, Long Beach, CA 90802
James Overly
James Overly (562) 951-2106
(562) 951-2106
Owner Name, Address & Telephone Person
Name & Telephone of Owners Contact
HELIX Environmental Planning, Inc
7578 EI Cajon Blvd, Ste 200, La Mesa, CA 91941
R Bradley Lewis
R. Bradley Lewis (714) 961-0191
(714) 961-0191
Design Professional's Name,
Address & Telephone
Name & Telephone of
Design Professional's Contact Person
$ 967,954.00
$13,995.00
Original Contract Amount
Total Dollar Amount of All Change Orders Issued
Feb 2006
8 Months
Project Completion Date
Contract Duration
Check Project Type: _ New Building V( Renovation
Gross Square Footage: 40,000
use: Federal Office Bldg
(Office, Medical, Classroom)
_ Instruction to Bidders . _ . Santa Clarita.O1ty Seismic Pletrotit Project, Hall Seict, F1017
September 2013
Page B- 4
General description of work performed:
seismic retrofit
Describe important features of project that has relevance to this Project.
seismic retrofit of historic building
-- Instruction to Bidders - - -- - --- - - -- -- -. Santa ClarRa City Hall Seismic Retrofit Project, F1017
September 2013 Page B- 5
ADDENDUM NO.1
Santa Clarlta City Hall Seismic Retrofit Project
City Bid No. ENG-13-14-FID17
City Project No. F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita, California
October 25, 2013
This Addendum Includes seven (7) 8'/z x 11 pages, including this cover sheet and a total of nine (9) 30x42 plan
sheets, as a part of the Contract Documents for the above -identified project and modifies the original
Specifications and Contract Docume6ts, as noted within. Portions of the Contract, not specifically mentioned in
this Addendum, remain in force. All trades affected shall be fully advised of these changes, deletions, and
additions.
The Items attached as part of this Addendum are as follows:
1. Pre -Bid Conference Sign In Sheet (1 page)
2. Mandatory Pre -Bid Meeting Minutes (3 pages)
3. Outline of revisions to the Contract Documents, including responses to RFI's from Bastian and
Associates, Inc. (2 pages)
4. Revised sheets of plans in full size pdfs (7 Architectural, 1 Mechanical and 1 Electrical)
-
Robert G. Ne n
Director of Public Works
City of Santa Clarita
BIDDER'S CERTIFICATE
I acknowledge receipt of this Addendum No. 1 anc accept the aforementioned,
2013 ✓%�
Date Bidder's Sigriaturs
THIS DOCUMENT TO BE SUBMITTED WITH BID I
ADDENDUM No. 2
SANTA CLARITA CITY HALL SEISMIC RETROFIT PROJECT
City Bid NO. ENG -13-1441017
City Project F1017
Federal Aid Project No. PDM 11-Pd212o11-0002
Santa Clarita, California
October 31, 2013
This Addendum form includes four (4)pages as a Part of the Contract Documents for the above -
identified project and modtfies the original Specifications and Contract Documents, as noted
below. Portions of the Contract, not specifically mentioned in the Addendum, remain in force.
All trades affected shall be fully advised of these changes, deletions, and additions.
SPECIFICATIONS
FEDERAL PREVAILING WAGES — The Federal wage determination has been
revised per the General Decision Number: CA130033 10/04/2013 MOD 17. New
Wages can be found at the following link.
httn !/www wdol Qov/wdol/scafiles/davisbaconlCA33.dvb?v=17
2. SECTION "B"- Instruction to Bidders — Replace pages B-28 and B-29 with the
attached, REVISED PRECONSTRUCTION DOCUMENTS CHECKLIST
Attachments:
PRECONSTRUCTION DOCUMENTS CHCCTMI,ST: Pages B-28 —B-29
RESPONSES TO RFI'S — BASTIEN AND ASSOCIATES, INC. .
Robert G. Newman, Director of Public Works,
City of Santa Clarita
BIDDER'S CERTIFICATE
I aclmowledge receipt of this Addendum No. 2 and accept the aforementioned.
h o (3 2013
Date Bidder's Signature
THIS DOCUMENT TO BE SUBMITTED WITH BID
CAPITAL IMPROVEMENT PROJECT AGREEMENT
Contract 13-00441
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
Santa Clarita, California
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 Fast -Track
Construction Corporation, 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
exhibits, 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
contract documents are hereby made a part of this AGREEMENT as though fully set forth herein.
ARTICLE H
For and in consideration of the payments and agreements to be made and performed by CITY,
CONTRACTOR agrees to famish 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.
LA #4831-1285-2758 V1
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 and
LA #4831-1285-2758 vl
policies of CrrY respecting such services, and in accordance with appropriate standards of
professional conduct, if any, applicable to the services provided. CrrY shall not be responsible 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 CrrY.
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.
A. 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, errors or omissions, of the CITY, or CONTRACTOR or any person acting 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 CUY, 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 legal cost in defending claims for alleged loss.
Should CONTRACTOR for any reason, fail to obtain and maintain the insurance required by this
Agreement. City may obtain coverage at CONTARCTOR'S expense and deduct the cost of such
insurance from payments due to CONTRACTOR under this Agreement or temunate In the
alternative should CONTRACTOR fail to meet any of the insurance Leguirements 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 reouirements within 10 days of the prior insurer's issuance of notice of cancellation
CONTRACTOR must ensure that there is no lapse in coverage
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:
LA #4831-1285-2758 vi
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.
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.
B. Worker's Comuensation 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.
C. 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.
D. 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.
LA #4831-1285-2758 vl
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
A. 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.
B. 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.
C. 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.
D. 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.
E. Governing Law
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.
LA #4831-1285-2758 v]
F. 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 (LCP).
CONTRACTOR shall comply with all aspects of the National Pollutant 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.
G. Conflict of Interest
CONSULTANT will comply with all conflict of interest laws and regulations including, without
limitation, CrrY's conflict of interest regulations.
A. 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.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at
the job site.
This contract is subject to both federal and state prevailing wage requirements of the
California Labor Code including Sections 1770 and 1773, the Davis -Bacon and Related Acts 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. If there is a difference between the federal and state wage rates, the
Contract and its subcontractors shall pay not less than the higher wage rate. Contractor shall further
adhere to the requirements contained in the City'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 federal and State of California 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 federal and State of California statues and regulations and adhering to the
latest editions of such.
I. 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.
LA #4831-1285-2758 vl
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
Documents will be performed or manufactured by any worker who is not legally eligible to
perform such services or employment.
J. Federal Prevailing Wages
The work being done pursuant to this Contract is paid for in part by the United States of America.
Therefore, pursuant to the provisions applicable to such federal assistance, Contractor
acknowledges and agrees that the services, construction, and maintenance pursuant to this Contract
is, or may become, subject to certain federal laws and regulations, including, but not limited to,
provisions of the Davis -Bacon Act, and particularly 29 Code of Federal Regulations Section 5.5 in
part as follows:
(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor
and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis—Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in §
29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the time actually worked
therein: Provided, That the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under paragraph (1)(ii) of this section) and the Davis—
Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by the
workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
LA #4831-1285-2758 vi
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification
in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30—day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30—
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis—Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or
program.
LA #4831-1285-2758 v
(2) Withholding. The CrrY shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor
under this contract or any other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to Davis—Bacon prevailing wage requirements, which is held
by the same prime contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed
by the contractor or any subcontractor the full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project), all or part of
the wages required by the contract, the CITY may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section I(b)(2)(B) of the Davis—Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section I (b)(2)(B) of the Davis—Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to the CITY for transmission to FEMA. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on
weekly transmittals. Instead the payrolls shall only need to include an individually identifying
number for each employee (e.g., the last four digits of the employee's social security number).
The required weekly payroll information may be submitted in any form desired. Optional Form
WH -347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forrns/wh347instr.htm or its successor site. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered
LA #4831-1295-2758 v1
worker, and shall provide them upon request to the CITY for transmission to FEMA, the
contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. It is not a violation of
this section for a prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without weekly submission to the
CITY.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under
§ 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained
under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and
complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the contract during the payroll period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made either directly or indirectly
from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR
part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor
to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the
United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of FEMA
or the Department of Labor, and shall permit such representatives to interview employees during
working hours on the job. If the contractor or subcontractor fails to submit the required records or
to make them available, the Federal agency may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and trainees-- (i) Apprentices. Apprentices will be permitted to work at less
than the predetermined rate for the work they performed when they are employed pursuant to and
LA #4831-1285-2758 v
individually registered in a bona fide apprenticeship program registered with the U.S. Department
of Labor, Employment and Training Administration, Office of Apprenticeship Training,
Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office,
or if a person is employed in his or her first 90 days of probationary employment as an apprentice
in such an apprenticeship program, who is not individually registered in the program, but who has
been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on
a project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's level of progress, expressed
as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator of the Wage and Hour Division of the U.S. Department of
Labor determines that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an apprenticeship program, the contractor will
no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be
LA #4831-1285-2758 vi
paid not less than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable wage rate
on the wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the contractor will no longer
be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under
this part shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis—Bacon and Related Act requirements. All rulings and
interpretations of the Davis—Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are
herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
(10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the
Davis—Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis—Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.0
1001.
LA #4831-1285-2758 v
& Contract Work Hours and Safety Standards Act
In accordance with 29 CFR 5.5(b), Contractor agrees as follows:
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own
action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same
prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1) through (4) of this section.
L. Incorporation of other Federally-Reouired Provisions
CONTRACTOR hereby agrees to the additional provisions required by 44 CFR Part 13, as set
forth in Exhibit A to this AGREEMENT, and incorporated herein by reference.
LA #4831-1285-2758 v
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.
ALL sIGNATup.Es mrusr BE Signed By:
WITNFSSED BY NOTARY
CITY:
Attest:
Approved as to Form:
Print Name &
CONTRACTOR's License No.
Class
Mayor/City Manager of the City of Santa Clarita
City Clerk of the City of Santa Clarita
City Attorney of the City of Santa Clarita
Date:
Date:
Date:
LA #4831-1285-2758 A
CITY OF SANTA CLARITA
SUPPLEMENTARY GENERAL CONDMONS: FEMA/CEMA
PURSUANT TO FEDERAL EMERGENCY MANAGEMENT AGENCY,
DEPARTMENT OF HOMELAND SECURITY UNIFORM ADMINISTRATIVE
REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE
AND LOCAL GOVERNMENTS
The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C,
Section 13.36, as it may be amended from time to time, are hereby included in the
AGREEMENT and are required to be included in all subcontracts entered into by
CONTRACTOR for work pursuant to the AGREEMENT, unless otherwise expressly provided
herein.
(1) CONTRACTOR shall be subject to the administrative, contractual, and legal remedies
provided in the AGREEMENT, including but not limited to the contract documents, in the event
CONTRACTOR violates or beaches the terms of this AGREEMENT.
(2) CITY may terminate the AGREEMENT for cause or convenience, and CONTRACTOR
may terminate the AGREEMENT, as provided in the AGREEMENT.
(3) CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled
Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR chapter 60), as more fully set
forth in the AGREEMENT. (All construction contracts awarded in excess of $10,000 by CITY
and/or subcontracts in excess of $10,000 entered into by CONTRACTOR).
(4) CONTRACTOR shall comply with the Copeland Anti -Kickback Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and
subcontracts for construction or repair).
(5) CONTRACTOR shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 275a7) as
supplemented by Department of Labor regulations (29 CFR Part 5), and as more fully described
in this AGREEMENT.
(6) CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327 to 330) as supplemented by Department of Labor
regulations (29 CFR Part 5), and as more fully described in this AGREEMENT.
(7) CONTRACTOR shall observe CITY requirements and regulations pertaining to reporting
included in the AGREEMENT.
(8) Patent rights with respect to any discovery or invention which arises or is developed in the
course of or under the AGREEMENT shall be retained by the CITY.
LA #4831-1285-2758 V
(9) Copyrights and rights in data developed in the course of or under this AGREEMENT shall
be the property of the CITY. FEMA/CEMA reserves a royalty -free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
Federal Government purposes the copyright in any work developed under the Agreement and/or
under subcontracts for work pursuant to the Agreement.
(10) CONTRACTOR shall provide access by the City, CEMA, FEMA, the Comptroller General
of the United States, or any of their duly authorized representatives to any books, documents,
papers and records of the CONTRACTOR which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions.
(11) CONTRACTOR agrees to maintain all books, records, accounts and reports required under
this contract for the latter period of three years after the date of final payment by CITY, or until
all pending matters are closed.
(12) CONTRACTOR shall comply with all applicable standards, orders, or requirements issued
under section 306 of the Clean Air Act, section 508 of the Clean Water Act, Executive Order
11378, and Environmental Protection Agency regulations (40 CFR part 15), as more fully
described in the AGREEMENT. (This provision applies to contracts exceeding $100,000 and to
subcontracts entered into pursuant to such contracts).
(13) CONTRACTOR shall comply with mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in compliance with
the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
LA #4831-1285-2758 vi