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2013-08-27 - AGENDA REPORTS - CP SPORTS FIELD PHASE III PROJ (2)
CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 6 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: August 27, 2013 Rick Gould CENTRAL PARK SPORTS FIELDS PHASE III, PROJECT P4012 - AWARD CONSTRUCTION CONTRACT Parks, Recreation, and Community Services RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for Central Park Phase III, Project P4012. 2. Award the construction contract to R.C. Becker & Son, Inc., in the amount of $1,588,602, plus additive alternates IA -2 in the amount of $75,415, and authorize a contingency in the amount of $332,803, for a total contract amount not to exceed $1,996,820. 3. Authorize expenditures for utility fees and construction support contracts with 15 percent contingency not to exceed $446,463 as follows: • Castaic Lake Water Agency for water connection fees in the amount of $255,797. • Santa Clarita Water Company for water meter installation in the amount of $50,400. • Leighton Associates, Inc., for geological design, testing, and observation services in the amount of $18,532. • RIM Design Group for Storm Water Pollution Prevention Plan design and construction support services in the amount of $40,000. • Labor compliance, environmental permits, and staff support services in the amount of $23,500. • Contingency in the amount of $58,234 to pay for unanticipated expenses associated with construction support contracts. 4. 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. BACKGROUND The 2008 Parks, Recreation, and Open Space Master Plan documented the need for more multi -use sports fields to serve recreational demands within the City. In 2011, staff conducted a study to assess the City's ability to provide the public with access to sports fields. The study revealed that due to the continued deficit of field space versus the ongoing demand, staff was unable to accommodate approximately 55 percent of field reservation requests, resulting in multiple organized users being turned away each year. To address this unmet need, the City Council authorized the development of new sports fields at Central Park in the Fiscal Year 2012-13 budget by providing funding for conceptual study and design. As the original Central Park Development Plan (Development Plan) did not anticipate additonal fields, staff undertook the planning process necessary to determine how best to modify the Development Plan to accommodate the use and related infrastructure. Ultimately, an undeveloped 11 -acre area was selected as the most appropriate location for the project. The modification of the Development Plan entailed a public participation process that included a presentation before the Parks, Recreation, and Community Services Commission; notification to scores of existing user groups; and an informational meeting held in the community. The result of this public participation process is the Interim Master Plan for Central Park that not only acknowledges the proposed sports fields, but also other minor adjustments to the Development Plan. Based on feedback from user groups and results from the study, sports fields are expected to remain in critical supply over the next five to ten years. The Interim Master Plan seeks to address the lack of sports fields by constructing two full-size, lighted, multi -use sports fields on an 11 -acre area at Central. Park that was previously set aside for development of a recreation center and pool complex. The Interim Master Plan acknowledges the addition of the Fitness Island outdoor fitness area, constructed via a Boy Scout Eagle Project in 2012, and the recently expanded Community Garden. Other aspects of the original Development Plan including space for additional basketball courts and a tennis center, remain unchanged. The Interim Master Plan was presented to community and sports organizations and is supported by both user groups. The Interim Master Plan was also evaluated by the Community Development Department. Since the changes necessary to accommodate the new sports fields involve a lower intensity development for the area as compared with the original Development Plan, no additional environmental mitigation is required. Upon receiving approval of the Interim Master Plan from the Parks, Recreation, and Community Services Commission in November 2012, design of the sports fields, parking, and related infrastructure improvements began. The project has been identified as Central Park Sports Fields, Phase II1. The Central Park Phase III project area includes approximately 11 acres of undeveloped land on 2 the west edge of the park site between the basketball courts and the Community Gardens. Improvements will include two new, full-size, lighted, multi -use sports fields, 170 new parking stalls, lighted walkways connecting to existing park facilities, an improved dirt running path, irrigation, and landscaping. Additional shade amenities are expected to follow. An invitation to bid was published on May 29, and June 2, 2013, and was noticed on the City's website. Plans and specifications were also sent to area plan rooms. Fourteen bids were submitted to the City and opened by Purchasing on July 3, 2013. The bids submitted by AMG & Associates, Inc.; California Building Evaluation & Construction, Inc.; Environmental Construction, Inc.; Land Forms Construction; Morillo Construction, Inc.; Orian Construction and Roofing, Inc.; Spiess Construction Co., Inc.; and Woodcliff Corporation were all found to contain math errors when the unit quantity was multiplied by the unit price to reach the extended price for various items. The bid documents include a provision that in the case of discrepancies, the unit price shall govern over the extended amounts. City staff corrected the bid amounts pursuant to this provision.The corrected amounts for the results are listed below: Company Location Bid Amount R.C. Becker & Son, Inc. Santa Clarita, CA $1,588,602.40 Land Forms Construction Laguna Nigel, CA $1,746,466.21 AMG & Associates Santa Clarita, CA $1,957,482.36 Los Angeles Engineering, Inc. Covina, CA $2,055,859.20 Spiess Construction Co., Inc. Santa Maria, CA $2,067,653.88 Kasa Construction, Inc. Ontario, CA $2,101,431.30 Moalej Builders, Inc. Sherman Oaks, CA $2,175,326.15 Ohno Construction, Inc. Fontana, CA $2,224,668.75 Environmental Construction, Inc. Woodland Hills, CA $2,137,321.08 Woodcliff Corp. Los Angeles, CA $2,241,702.26 Morillo Construction, Inc. Pasadena, CA $2,260,896.82 Byrom -Davey, Inc. San Diego, CA $2,264,981.10 Orian Construction, Inc. Woodland Hills, CA $2,433,461.70 California Building Eval. Buena Park, CA $2,613,159.45 Upon review of the bids, staff recommends that the project be awarded to R. C. Becker & Son, Inc., the lowest qualified, responsive bidder, in the amount of $1,588,602, plus additive alternates IA -2 for additional shrubs and sod in the amount of $75,415, and authorize a contingency in the amount of $332,803, for a total contract amount not to exceed $1,996,820. Staff has requested a contingency amount of 20% of the prime contract amount. This request is made in anticipation of the potential need to increase spending on stormwater treatment devices to help clean runoff from existing parking lots at Central Park. While the project was designed to comply with existing stormwater requirements for the newly built lot, during the design/bid/award phase of this project staff has learned that new requirements coming on line may increase the scope of treatment responsibility. While the City may not be technically mandated to achieve an increased standard, the ability of these funds would allow staff to do so if it is determined to be prudent during construction. IN The contractor possesses a valid state contractor's license and is in good standing with the State License Board. Their bid was reviewed for accuracy and conformance to the contract documents and was found to be complete. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT The current budget is anticipated to adequately provide for the construction contract in an amount not to exceed $1,996,820, plus geotechnical inspection services, design support services, environmental consulting review, and labor compliance support, not to exceed $446,463, for a total project budget of 2,443,283. ATTACHMENTS Bid Proposal for R.C. Becker & Son, Inc., available in the City Clerk's Reading File Contract for R.C. Becker & Son, Inc., available in the City Clerk's Reading File PROPOSAL CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid. PR -12-13-P4012 TO THE CITY OF SANTA CLARITA, AS Agency: In accordance with Agency's Notice Inviting Bids, the undersigned Bidder hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above -stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein. Bidder declares that this Proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other Contract Documents. If this Proposal is accepted for award, Bidder agrees to enter into a Contract with Agency at the unit and/or lump sum prices set forth in the following Bid Schedule. Bidder understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to Agency of the Proposal guarantee accompanying this Proposal. 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 (10) working days after the date of the Agency's 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. Bidder understands that a Bid is required for the entire Work; that the estimated quantities of work and materials to be performed, constructed, or furnished as set forth in the Bid Schedule are solely for the purpose of comparing Bids; and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. Bidder agrees that the price bid for the project shall include all costs covering the performance of the Work, including the furnishing of labor, materials, tools, and equipment. Bidder further agrees that the cost of work necessary for the completion of a particular Bid Schedule item has been included in the Bid Price for that item unless the work is specifically included in another item; and if there is no Bid Item for a particular item of work, full compensation for such work shall be considered as included in the prices bid for other items of work. Name of Bidder: R.C. Becker and Son, Inc Bidder's Address: 28355 Kelly Johnson Parkway Santa Clarita, CA 91355 Bidder's Telephone: 661-259-4845 Bidder's E-mail Address: vetrcb@gmail com Bidder's Contractor License Number: Bidder's Contractor License Classification: Central Park Sports Fields, Phase m, Project P4012 Bid: PR 12-13-P4012 C-1 City of Santa Clarito REVISED BID SCHEDULE CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid: PR -12-13-P4012 NOTE: ALL WORK TO BE PROVIDED AND INSTALLED COMPLETE PER PLANS AND SPECIFICATIONS ITEM CONTRACT EXTENDED DESCRIPTION QTY UNIT NO, UNIT PRICE AMOUNT ., Mobilization (not exceed 2 percent of I 1 LS base bid amount) $27,108.00 $27,108.00 2 Construction Chain-link Fence 2,815 1 LF $5.02 $14,131.30 3 Construction Survey I LS $18,000.00 $18,000.00 siB DEMOLITIONx = Fxh W. Clear and Grub Existing Landscape / Trail I 430,000 SF Areas $0.01 $4,300.00 2 Remove and dispose of existing mulch 200,000 SF $0.21 $42,000.00 Remove and dispose existing concrete 3 500 SF paving. $0.98 $490.00 Remove and dispose existing Curb and 4 500 LF Gutter $6.11 $3,055.00 Remove and dispose existing AV Paving 5 6,750 SF w/ A Base $0.55 $3,712.50 Remove and dispose existing Storm Drain 6 1 LS Headwall $1,420.00 $1,420.00 Remove and Salvage existing C.L. 7 2,199 LF Fencing $2.43 $5,343.57 Remove and salvage existing Lodge pole 8 LF Fencing150 $2.891 $433.50 1 Earthwork per Site Grading Plans 10,400 1 CY 1 $8.951 $93,080.00 1 Drinking Fountain 3/4" Water Supply 1,150 1 LF 1 $3.601 $4,140.00 1 Adjust Existing Manhole to Grade I EA 1 $750.001 $750.00 STORM DRAIN IMPR6V'E ENTS y�f S!4'2Yi.i"vi 1 24" HDPE Storm Drain 1,750 LF $50.00 $87,500.00 2 New Headwall at Proposed Outlet 1 EA $17,254.48 $17,254.48 3 Concrete Headwall at Proposed Outlets 5 EA $1,943.79 $9,718.95 4 IRock Rip -rap 3,500 SF $14.70 $51,450.00 Central Park Sports Fields, Phase III. Prqlect P4012 Bid: PR 12-13-P4012 C-2 City orsanta Clarita i REVISED BID SCHEDULE CENTRAL PARK SPORTS FIELDS, PHASE 111, PROJECT P4012 Bid. PR -12-13-P4012 NOTE: ALL WORK TO BE PROVIDED AND INSTALLED COMPLETE PER PLANS AND SPECIFICATIONS ITEM NO. DESCRIPTION QTY UNIT CONTRACT UNIT PRICE EXTENDED AMOUNT F- " STORM'DRAIN 5 Connect to Existing Storm Drain 5 EA $920.63 $4,603.15 6 12" PVC (SDR 35) Stolen Drain 200 LF $28.22 $5,644.00 7 18" HDPE Storm Drain 250 LF $33.55 $8,387.50 8 Connect to Storm Drain 1 EA $1,258.11 $1,258.11 9 Catch Basin &: Grate 1 EA $1,289.98 $1,289.98 10 Curb Opening Catch Basin w/ Local Depression 3 EA $5,767.08 $17,301.24 n"}� eec ,.t..t.Y_. Y_.e x etv. .. Sx'� li^�Lh, X. Xr�.iJf .. v.Di. R.YT. ..-�iaY.; �✓��1�s: 'In. €p...-'^'�i�s.�'. 4CF�r� 1 Erosion Control / SWPPP implementation 1 LS $10,500.00 $10,500.00 5/n-.Y.'.+slY: •f 'a % c 1k:'•y,,, d F 3 ,.w'�✓'S k SkRy .. a t,#SF+ SI I E L*IGA;TING / EI ECTRICAL , a ,.r" G:F3t�.�'r v :Y.',�.' fi.ff > n x n' P,'a .z, 3 E'vv E �e� t�;s,.', 1 Electrical Service, Pull Boxes, Conduit, Branch Circuit Wiring 1 1 LS $39,135.96 $39,135.96 2 New Parking Lot Lighting (Single) 15 EA $4,460.40 $66,906.00 3 New Parking Lot Lighting (Fixture Only) 3 EA $2,418.12 $7,254.36 4 Pedestrian Pole Mounted Lights 4 EA $2,589.87 $10,359.48 5 Musco Athletic Field Lights 1 LS $231,948.36 $231,948.36 RDSCAPE%FIJ?,TWORK 1 Curb & Gutter 1,185 LF $22.24 $26,354.40 2 AC Paving w/ Agg Base 75,600 SF $2.87 $216,972.00 3 Curb 1,680 LF $16.70 $28,056.00 4 3' V -Gutter 100 LF $39.63 $3,963.00 5 Mountable Curb 14 LF $42.01 $588.14 6 U -Channel 82 LF $42.01 $3,444.82 7 Sawcut 280 LF $3.00 $840.00 8 Deep Lift AC 45 LF $32.111 $1,444.95 Central Park Sports Fields, Phase III, Protect P4012 Bid: PR 12-13-P4012 C-3 City o1'Snnta Claritn REVISED BID SCHEDULE CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid: PR -12-13-P4012 NOTE: ALL WORK TO BE PROVIDED AND INSTALLED COMPLETE PER PLANS AND SPECIFICATIONS ITEM CONTRACT7EXTENDED NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT AMOUNT 9 Adjust Existing Facility to Grade 7 EA $580.36 $4,062.52_ ADA Pedestrian Ramps w/ Truncated 10 8 EA Domes $1,114.54 $8,916.32 11 12" Wide Concrete Step -Out 420 LF $28.20 $11,844.00 12 Parking Lot Striping & signage I LS $11,488.00 $11,488.00 13 8" White Bar & "STOP" Legend 6 EA $975,00 $5,850.00 14 Truncated Domes 4 EA $785.63 $3,142.521 Pedestrian Concrete paving with Med. 15 12,000 SF Broom finish. $4.26 $51,120.00 16 15ft Wide - Bladed Dirt Loop Track 33,960 SF $0.14 $4,754.40 17 Arizona Crossing I LS $8,923.95 $8,923.95 18 Shovel Cut Lawn Edges 1,550 LF $1.60 $2,480.00 19 Drinking Fountain w/trap & Sump I LS $7,015.68 $7,015.681 Install Y' Mulch - See Construction 20 legend note 7 (Material supplied by 1 LS City) $8,718.70 $8,718.70 Install 6'chaintink fence (salvaged per Item 21 820 LF B-7) $17.93 $14,702.60 Install Lodge Pole Fence (salvaged from 22 120 LF item B-8) $28.07 $3,368.40 IRRIGATION - 1 P.O.C. & Backflow Assembly I LS $4,346.66 $4,346.66 2 Electrical POC /Phone drop/Controllers I LS $22,744.80 $22,744.80 3 Provide and install irrigation system (Turf) 164,890 SF $0.37 $61,009.301 Provide and install irrigation system 4 31,500 SF Shrubs & Groun cover $3.70 $116,550.00 Ka x A j ;LANDSCAPE I Soil Preparation Fine Grading 186,0390 SF $0.48 $89,467.20 2 36" Box Trees 3 EA $862.28 $2,586.84 3 124" Box Trees 84 EA $428.841__ $36,022.56 Central Park Sports Fields, Phase 111, Project P4012 Bid PR 12-13-P4012 C-4 City of - Santa Clarita REVISED BID SCHEDULE CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid. PR -12-13-P4012 NOTE: ALL WORK TO BE PROVIDED AND INSTALLED COMPLETE PER PLANS AND .SPECIFICATIONS ITEM CONTRACT EXTENDED NO. I DESCRIPTION QTY UNIT UNIT PRICE AMOUNT 4 Turf (Hydroseed) 1 164,890 SF $0.101 $16,489.00 Non -Irrigated Hydroseed (at Detention 6 59,175 SF Basin Bottom) $0.10 $5,917.50 7 Root barrier 315 LF $4.45 $1,401.75 8 3" Mulch - (For Shrub Areas Only) 200 CY $39.37 $7,874.00 �.� - 1 90 - Day Maintenance 255,565 1 SF 1 $0.03 $7,666.95 TOTAL BASE BID (IN NUMBERS) = S 1,588,602.40 TOTAL BASE BID (IN WORDS) one million five hundred eighty eight thousand six hundred two dollars and forty cents Central Park Sports Fields, Phase III, Proicct P4012 Bid: PR 12-13-P4012 C-5 City of S11118 Clarita REVISED BID ALTERNATES SCHEDULE CENTRAL PARK SPORTS FIELDS, PHASE 111, PROJECT P4012 Bid: PR -12-13-P4012 NOTE: ALL WORK TO BE PROVIDED AND INSTALLED COMPLETE PER PLANS AND SPECIFICATIONS ITEM CONTRACT EXTENDED NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT IA 5 gal. Shrubs 367 EA $ 24.57 $ 9,017.19 IB I gal. Shrubs 1,707 EA $ 7.02 $ 11,953.14 Contractor shall Supply additive alternate 2 bid to provide Turf Sod in lieu of turf 164,890 LF $ 0.33 $ 54,413.70 hydroseed square footaee. Central Park Sports Fields, Phase III, Project P4012 Bid: PR 12-13-P4012 C-6 City ol'SantaClarim DESIGNATION OF SUBCONTRACTORS CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid. PR -12 -I3 -P4012 Listed below are the names and locations of the places of business of each Subcontractor, supplier, and vendor who will perform work or labor or render service in excess of one-half of one percent (0.5 %), or $10,000 (ten thousand dollars), whichever is greater, of the Prime Contractors total Bid. Dollar Value of Work: Subcontractor: Telephone (661)294-2211 $ 13,000.00 Hunsaker & Associates Los Angeles, Inc. Bid Schedule Item Number(s): License Number: N/A Exp. Date: /N/A/ 3 Location and Place of Business 26074 Avenue Hall Suite 23 .Valencia, CA 91355 Description of Work Survey Subcontractor: Telephone (800-933-4521 ar DollValue of Work:$18,702.00 Fencecorp, Inc Bid Schedule Item Number(s): License Number: 886544 Exp. Date: 10 / 31/ 14 1-21,1-22 Location and Place of Business 111 N. Main St Riverside, CA 92501 Description of Work Fencing Subcontractor Telephone (805)524-7345 Dollar Value of Work: $ 11.500.00 Bid Schedule Item Number(s): Super Seal & Stripe License No: 396627 Exp. Date: 12/31 /14 1-12,1-13 Location and Place of Business PO Box 755 Fillmore, CA 93016 Description of Work Striping & Signage Central Park Sports Fields, Phase III, Project P4012 City of Santa Clatita Bid: PR 12-13-P4012 C-7 DESIGNATION OF SUBCONTRACTORS CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P40I2 Bid. PR -12 -I3 -P4012 Listed below are the names and locations of the places of business of each Subcontractor, supplier, and vendor who will perform work or labor or render service in excess of one-half of one percent (0.5 %), or $10,000 (ten thousand dollars), whichever is greater, of the Prime Contractors total Bid. Subcontractor: Telephone (760)751-7055 Dollar Value of Work: $ 20.142.59 Pacific Rim Hydroseeding, Inc Bid Schedule Item Number(s): License Number: 886257 Exp. Date: 10 / 31114 K-4, K-6 Location and Place of Business 28319 Valley Center Rd Valley Center, CA 92082 Description of Work Turf and Hydroseed Subcontractor: Telephone (661) 993-7378 MGS Landscape Companies License Number: 941504 Exp. Date: 12 / 31 / 13 24170 ViewPointe Lane Valencia, CA 91355 Landscape Services Subcontractor Steiny and Company, Inc License No: 161273 ocation and Place of Busint 12907 East Garvey Ave Baldwin Park, CA 91706 M&. C Electrical Telephone (626) 338- 9923 Exp. Date: 05 /31 A 5 Dollar Value of Work: $ 381 500.30 Bid Schedule Item Number(s): J1-4, K1-3, K8, L1, K1, Dollar Value of Work: $ 329,263.00 Bid Schedule Item Number(s): H1-5 Central Park Sports Fields, Phase 111, Project P4012 City of Santa Clarita Bid: PR 12-13-P4012 _ C-8 SURITIES CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid: PR -12-13-P4012 The following are the names, addresses, and telephone numbers of all brokers with whom the Bidder intends to procure insurance bonds: Name of Surety: Business Address: The Guarantee Company of North America USA 1800 Sutter Street, Suite 735 Concord, CA 94520 Telephone: 925-566-6040 Name of Surety: Millennium Corporate Solutions, Inc Business Address: 550 N. Brand #1100 Glendale, CA 91203 Telephone: 949-679-7144 Name of Surety: Business Address: Telephone: Central Park Sports Fields, Phase III, Project P4012 Bid: PR 12-13-P4012 C-9 City of Santa Clarita The following are the names, addresses, and telephone numbers, of three (3) public agencies for whom the Bidder has performed grading and drainage, concrete walkways, asphalt parking lots, site lighting, fencing, irrigation, and landscape within the past five (5) years. Agency Name: State of California Division of Water Resources Agency Contact: Jim Veres Telephone: 916-653-4867 Agency Address: 1416 9th St Rm 418 Sacramento, CA 95814 Description of Seal and Pave Roads - 2012 Proiect 12-08 1 site demo, traffic striping and pavement markings, slurry seal, earthwork Dollar Value of Work $3,990,146.80 Date Completed: 12/2012 Agency Name: City of Palmdale Agency Contact: Mike Livingston Telephone: 661-267-5312 Agency Address: 38300 Sierra Highway Project Number/Name: Ave S Widen Description of Work: Remove and Ramps. Gra Dollar Value of Work $1,681,855.60 Agency Name: City of Santa Clarita Agency Contact: Agency Address: 23920 Valencia Blvd Suite 300 Date Infrastructure, Telephone: 9/2012 Project Number/Name: Old Town Newhall Streetscape Project 52004 Description of Work: Remove and Replace Sidewalk Curb and Gutter Ramps Signing an striping, boardwalk, pavers, planters, benches, planting and irrigation, streetlights a ong the walKway on Ivain btreet Dollar Value of Work $2,014,229.76 Date Completed: 2009 Central Park Sports Fields, Phase M, Project P4012 Bid: PR 12-13-P4012 C-10 City of Santa Clarita I DEBARMENT FORM TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid. PR -12-13-P4012 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, or 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 (3) 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 three (3) years. If there are any exceptions to this certification, insert the exceptions in the following space. NONE 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. NONE 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. Central Park Sports Fields, Phase M, Project P4012 Bid: PR 12-13-P4012 C-11 City of Santa Clarita NON -COLLUSION AFFIDAVIT CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid. PR -12-13-P4012 TO BE EXECUTED BY EACH Bidder OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) ) Ss. COUNTY OF LOS ANGELES ) John Becker being first duly sworn, deposes and says that he or she is Vice President of R.C. Becker and Son, Inc the party making the foregoing bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. SIGNATURES MUST BE WITNESSED BY NOTARY. ATTACH ACKNOWLEDGEMENT. Central Park Sports Fields, Phase BI, Project P4012 Bid: PR 12-13-P4012 C-12 Print Name Vice President Title 258762, A, C-12 exp 6-30-15 Contractor's License Number City of Santa Clarity CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ,X See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 2 3---------------------------------- ---------------------- 4 5 Signature of Document Signer N0. 1 State of California 1 I County of ! /S /rA11 d -a S LISA 0. HERTIING Commission M 1959114 Le Notary Public • California Los Angeles County Comm. res Nov 4.2015+ vwq Placa Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 31 day of Sulu 201-j, Date Monlh Year by (1> Sohn Qeek¢,r , Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (9fid— Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared // before me.) Signatur 0- ©. 4LV; Signature of Notary Publki OPTIONAL Though the information below is not required by law, it may prove valuable Top of thumb here Top of thumb here to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document (% Title or Type of Document: N©YI — �fA $/IFl}iA Yr(�t� - G.y i Document Date: % I3113 Number of Pages: Signer(s) Other Than Named Above: 02010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-8]6-682]) It.. N591f BIDDER'S INFORMATION AND CERTIFICATION CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid: PR -12-13-P4012 Bidder certifies that the representations of the Bid are true and correct and made under penalty of perjury. 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. Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any Contract awarded hereunder. Furthermore, Bidder certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the Contract Documents. Bidder's Name: R.C. Becker and Son, Inc Business Address: 28355 Kelly Johnson Parkway, Santa Clarita, CA 91355 Telephone: 661-259-4845 E-mail: vetrcb@gmail.com State Contractor's License Number/Class: 258762 / A, C-12 Original Date Issued: 7/22/1969 Expiration Date: 6-30-2015 The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this Proposal: Michael Becker / President / 23955 Wldwood Canyon, Newhall, CA 91321 / 661-259-4845 John Becker / Vice President / 23262 W. Lea Court, Valencia, CA 91354 / 661-259-4845 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 venturer are as follows: NONE All current and prior D.B.A.s, aliases, and/or fictitious business names for any principal having an interest in this Proposal are as follows: NONE Central Park Sports Fields, Phase in, Project P4012 City of Santa Clarity Bid: PR 12-13-P4012 C-13 BIDDER'S INFORMATION AND CERTIFICATION CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid: PR -12-13-P4012 IN WITNESS WHEREOF, Bidder executes and submits this Proposal with the names, title, hands, and seals of all aforementioned principals this 3 day of ASA 120 Signed: /Z ALL SIGNATURES MUST BE WITNESSED BY NOTARY John Becker (ATTACH APPROPRIATE JURATS) Print Namur Central Park Sports Fields, Phase III, Project P4012 Bid: PR 12-13-P4012 C-14 Vice Title City of Santa Clarita State of California County of Los Angeles On 7/3/13 before me, Lisa O. Hertzing, NotaryPublic Dale here Insert Name and `ntla of the Officer personally appeared John Becker LISA 0. HERTZING Commission O 1959174 Notary Public - California Loa Angeles County ME Comm. Mires Nov 4, 2015Le+ who proved to me on the basis of satisfactory evidence to be the person(&) whose name(* is/afe subscribed to the within instrument and acknowledged to me that he/s� executed the same in his/IzQA4ie4 authorized capacily('ies), and that by his/hss4heif signature(&} on the instrument the person(s}, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatures O / Placa Notary Seal Above Signature of NU Pudic 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: Bidder's Information and Certification Document Date: 7/3/13 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: John Becker ❑ Individual Corporate Officer—Title(s): V.P. ❑ Partner —❑ Limited ❑ General _ Attorney in Fact Ej Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: R C Becker & Son Inc Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPPOr :OF SIGNER' . 0 02001 Na6enal Notary Aaaeoalion•9360 De Soto Ave.. P.O. Box 2402' Chatsvoet, CA 91313-2402• v NalloulNotaryorg Item45907 eeorVer.ColTOlbFreal-S0M7E68Zr PROPOSAL GUARANTEE (BID BOND) CENTRAL PARK SPORTS FIELDS, PHASE III, PROJECT P4012 Bid: PR -12-13-P4012 KNOW ALL MEN BY THESE PRESENTS that as Bidder, and The Guarantee Company of North America USA as Surety, are held and firmly bound unto the City of Santa Clarita, as Agency, in the penal sum of Ten Percent of the Amount Bid dollars ($ 1()% ) 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 by these 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 if 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 24th day of June 2013 (CORPORATESEAL) Surety Name: The Guarantee Company of North America USA Address: 1800 Sutter Street, Suite 880 Signed By: Print Name SIGNATURES MUST Bidder Name: R.C. Becker and Son, Inc. BE NOTARIZED. Address: 28355 Kelly Johnson Parkway ATTACH Santa Clarita, CA 91355 ACKNOWLEDGEMENTS. / / y Signed By: Print Name and Title: Central Park Sports Fields, Phase IR, Project P4012 Bid: PR 12-13-P4012 C-15 City of Santa Clarita CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On June 24, 2013 before me, Corinne L. Hernandez. Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Names) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose name(e) isfare subscribed to the within instrument and acknowledged to me that heYeheR*ey executed the same in his/ker{thelr authorized capacity(ies), and that by his/heR44herr signature(s) on the instrument the person*), or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness a and offici s I. / Signalre nature of Notary ub i OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Titie(s):_ ❑ Partner —❑ Limited ❑ General Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Guarantee Company of North America USA Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(a)_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 Na8onal Notary Aaeociallon, 9350 De Soto Ave.,P.O.eex2402•Chttsworth, CA 913132402•vm'x.NatlamalNotary.org Ilam 45907 Reorder: Call Toll -Free 1900.8766827 CDRINNE L. HERNANDEZ Commission # 1905285 iNotary ®R-0 Public -California Los Angeles County My Comm. Expires Sep 24, 2014' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose name(e) isfare subscribed to the within instrument and acknowledged to me that heYeheR*ey executed the same in his/ker{thelr authorized capacity(ies), and that by his/heR44herr signature(s) on the instrument the person*), or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness a and offici s I. / Signalre nature of Notary ub i OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Titie(s):_ ❑ Partner —❑ Limited ❑ General Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Guarantee Company of North America USA Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(a)_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 Na8onal Notary Aaeociallon, 9350 De Soto Ave.,P.O.eex2402•Chttsworth, CA 913132402•vm'x.NatlamalNotary.org Ilam 45907 Reorder: Call Toll -Free 1900.8766827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the Stale of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint ft rlliam Syrkin, Sergio D. Beebara, Rebecca Ann Baas -Bates, Padicia Ann Bauer, Rickard Leroy Adair Millennium Corporate Solutions, Inc Its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Aftomey-in-Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. ds°flr�v� IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has mused this instrument to be signed and P R its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. A ye THE GUARANTEE COMPANY ✓OFNORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me mine the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A Takai °�.r'' Notary Public, State of Michigan AI _ County of Oakland a ;': i r f% My Commission Expires February 27, 2018 h�_., $h-; yy Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. Ile A16E� Z9. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. _ys1ze o$ IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 24 day of June, 2013 �°Au Randall Musselman, Secretary State of California County of Los Angeles On 9/3/13 personally appeared eI 4Z1111 before me, Lisa O. John Becker ----------- LfSA 0. HERTZING Commission p 1959174 Notary Public • California Los Angeles County N Comm. Ea free Nov 4 2015+ Place Notary Seal Atwva Public who proved to me on the basis of satisfactory evidence to be the person(&) whose name( is/we subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/1;4; taeis authorized capacity(ies), and that by his/he0heif signature(&) on the instrument the person(*, 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 official seal. Signature e Signature of Notary u8lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 6/24/13 Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signers Name: John Becker ❑ Individual M C t Off' r—Titles) V.P. orpora a ce _ ❑ Partner — ❑Limited ❑General Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: R C Becker & Son Inc R1131n, MUMBFRMC -OE SIGNER " Number of Pages: 1 - Signers Net ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact (31 Trustee C. Guardian or Conservator ❑ Other: Signer Is Representing: 02007Nalional NotaryA oG.16n-9350D. Sole A"..P.D.Boa2402•ChaLsvoM.CA9131&2402-ww NalionalNolaryorg H..45907 ReaNer. CallToll-Free 1.80687&6821 PROPOSED MATERIALS, EQUIPMENT, AND PRODUCTS CENTRAL PARK SPORTS FIELDS, PHASE 111, PROJECT P4012 Bid. PR -12 -I3 -P4012 Bidder shall check one of the following: The specified materials, equipment, and products will be provided on this project. An "or approved equal" is proposed for this project. "Or approved equals" will not be permitted on items designated on the Plans as "no substitutes." The Agency will be the sole judge as to whether a proposed "or approved equal" is equivalent to the specified material, equipment, or product. Central Park Sports Fields, Phase III, Project P4012 Bid: PR 12-13-P4012 C-16 City of Santa Clarita ADDENDUM ACKNOWLEDGEMENT FORM ADDENDUM 1 CENTRAL PARK SPORTS FIELDS, PHASE III PROJECT P4012 BID NUMBER 12-13-P4012 Tune 13, 2013 This Addendum forms a part of the Contract Documents for the above -identified project and modifies the original Specifications and Contract Documents, as noted on the following pages. 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 bid due date remains the same: Wednesday, July 3, 2013, before 11:00 a.m. ., fir' Glenn Bogna Project Development C ordinator City of Santa Clarita BIDDERS CERTIFICATE I acknowledge receipt of this Addendum 1 and accept the aforementioned. Page I of 3 Jo1,�-, '3e.CJh�r Y-1 ce, 1�cp s; cies -)-'J-1� Date THIS FORM MUST BE SIGNED AND SUBMITTED WITH BID PROPOSAL ADDENDUM ACKNOWLEDGEMENT FORM ADDENDUM 2 CENTRAL PARK SPORTS FIELDS, PHASE III PROJECT P4012 BID NUMBER 12-13-P4012 June 25, 2013 This Addendum forms a part of the Contract Documents for the above -identified project and modifies the original Specifications and Contract Documents, as noted on the following pages. 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 bid due date remains the same: Wednesday, July 3, 2013, before 11:00 a.m. r Ceti Glenn Bogna Project Development C ordinator City of Santa Clarita BIDDERS CERTIFICATE I acknowledge receipt of this Addendum 2 and accept the aforementioned. KC. --ec ox+- on,Inc, Hca esi�ot�� —1-23-13 Bi s Signature Date THIS FORM MUST BE SIGNED AND SUBMITTED WITH BID PROPOSAL Page 1 of 3 CAPITAL IMPROVEMENT PROJECT AGREEMENT Contract 4 46334 Central Park Sports Fields, Phase III, Project P40I2 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 R.C. BECKER & SON, INC. as CONTRACTOR. CITY and CONTRACTOR have mutually agreed as follows: ARTICLE I That contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, special drawings, appendices, and City's Labor Compliance Program; together with this AGREEMENT and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said AGREEMENT documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above - stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 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. Revised 1/2012 Page 1 of 7 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 policies of CITY respecting such services, and in accordance with appropriate standards of professional conduct, if any, applicable to the services provided. CITY shall not 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 Revised 1/2012 Page 2 of 7 employee of the CITY, or authorizing the CONTRACTOR to create or assume any obligation of liability for or on behalf of the CITY. ARTICLE VIII CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but not limited to, the following and as otherwise required by law. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the CITY. In the event the said insurance is canceled, the CONTRACTOR shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. Liabilitv 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 CITY, or CONTRACTOR or any person ,acting for the CITY, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the CITY against incurring any legal cost in defending claims for alleged loss. Such General, Public and Professional liability and property damage insurance shall be maintained in full force and effect throughout the term of the AGREEMENT and any extension thereof in the amount indicated above or the following minimum limits: A combined single limit liability policy in the amount of $2,000,000 or a commercial general liability policy with a $2,000,000 occurrence limit and a $4,000,000 aggregate limit will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and, shall name the City of Santa Clarita as additional insured. A Certificate of Insurance and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City's Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. 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 Aereement or terminate. In the alternative. should CONTRACTOR fail to meet any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no penalty. Revised 1/2012 Page 3 of 7 Should Contractor's insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the CONTRACTOR may be held responsible for the payment of damages to persons or property resulting from the CONTRACTOR's activities or the activities of any person or persons for which the CONTRACTOR is otherwise responsible. Worker's Compensation Insurance The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify, inure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. Automotive Insurance The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this AGREEMENT, and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Fire and Extended Coverage Insurance (Services involving real property only) CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. 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. Revised 1/2012 Page 4 of 7 ARTICLE X Term This AGREEMENT shall be effective for a period beginning on the date shown in the Notice to Proceed, and ending on 35 days after the date of recordation of the Notice of Completion unless sooner terminated. Modificat ion/Termi n ation No modification, amendment or other change in this AGREEMENT or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. This AGREEMENT may be terminated with or without cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services shall require thirty (30) days advance written notice unless otherwise agreed in writing between CONTRACTOR and CITY. In the event of termination, CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the notice of termination. Conflict of Interest CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. Non -Effect Waiver CONTRACTOR's or CITY's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of future exercise of such rights or remedies, unless otherwise provided for herein. Severabilitv 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. 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. Revised 112012 Page 5 of 7 Compliance with Law CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government, including City's Labor Compliance Program. CONTRACTOR shall comply with all aspects of the National 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. Prevailine Waees 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.2ov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. This contract is subject to state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. The Contractors and its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent state statues and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Forth (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. Revised 1/2012 Page 6 of 7 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 SIGNATURES MUST BE Signed By: WITNESSED 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 Clarity City Attorney of the City of Santa Clarita Date: Date: Date: Revised 112012 Page 7 of 7