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2013-12-10 - AGENDA REPORTS - FRMR NWHL LIBRARY TENANT IMPRO (2)
CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 5 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: December 10, 2013 Curtis Nay FORMER NEWHALL LIBRARY TENANT IMPROVEMENTS, PROJECT F2009 - AWARD CONSTRUCTION CONTRACT Public Works RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for the former Newhall Library Tenant Improvements, Project F2009. 2. Award the construction contract to R L Passarelli Enterprises in the amount of $203,150 and authorize a contingency in the amount of $40,630 for a total contract amount not to exceed $243,780. 3. Authorize the transfer of $20,250 from the Special Districts budget, Account 12500-5161.002 to Account F2009357-5161.001 to support the former Newhall Library Tenant Improvements Project. 4. Approve an appropriation of $60,000 from the General Fund Capital Projects (Fund 601) to the former Newhall Library Tenant Improvement Project Account F2009601-5161.001. 5. 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 former Newhall Library, located on 9th Street in Old Town Newhall, was originally built by l?l� U u 1lij�Jlt� Los Angeles County in 1957. To bring the former Newhall Library up to current occupancy standards, this tenant improvement project will ultimately include asbestos and lead paint abatement, the construction of Americans with Disabilities Act compliant building entry and restrooms, and office improvements, including electrical, mechanical, and plumbing upgrades. Once updated, the facility will house the City of Santa Clarita's (City) Special Districts offices and the Santa Clarita Business Incubator (SCBI). Establishing a SCBI has been a priority of the City Council and was recently included in the 2012 Economic Growth Plan approved by the City Council on March 13, 2012. Business incubators are generally considered a mechanism to create jobs, revitalize neighborhoods, and commercialize new technologies, while strengthening the local economy. The SCBI will encourage its graduates to stay in the Newhall area, thus, helping to generate local tax revenue. The incubator will focus on creative industries, which will enhance the Arts and Entertainment District the City is fostering in Old Town Newhall. The SCBI will operate as a partnership with the Small Business Development Center and College of the Canyons Economic Development Department. The Incubator will offer clients access to appropriate space, shared basic business services and equipment technology. It will also provide management guidance, technical assistance and assistance in obtaining the financing tailored to young growing companies. Several local businesses have agreed to offer in-kind services to the clients. This facility will also serve as the City's Special Districts offices, accommodating a staff of nine individuals, who are collectively responsible for overseeing Santa Clarita Landscape Maintenance Districts and street -lighting operations. The relocation of this operation supports future space planning efforts at City Hall and creates an additional staff presence in the Old Town Newhall area. In November 2012, City staff engaged an architectural firm to develop plans and specifications to meet the needs of the SCBI and the Special Districts office. An invitation to bid was published three times: September 1, September 4, and September 7, 2013, and was noticed on the City's website. Plans and specifications were also sent to area plan rooms. Seventeen bids were submitted to the City and opened by Purchasing on October 1, 2013. The results are shown below. Companv R L Passarelli Enterprises Ventura Construction, Inc. Hoffman Management Everlast Builders, Inc. IBN Construction Inc. John Burgeson Contractors, Inc. Location Bid Amount Whittier, CA $203,150 Westlake Village, CA $215,800 Los Angeles, CA $315,000 Canyon Country, CA $339,000 Orange, CA $343,000 Agua Dulce, CA $370,880 R Monet Construction Inc. Glendale, CA $458,675 Medallion Contracting, Inc. Palmdale, CA $461,400 AMG & Associates, Inc. Santa Clarita, CA $479,000 SBS Corporation Thousand Oaks, CA $487,166 Courts Construction Company Glendora, CA $490,959 Waisman Construction, Inc. Canoga Park, CA $545,000 Inland Building Construction San Bernardino, CA $550,600 Intertex, Inc. Valencia, CA $554,200 Sigma Services, Inc. Ventura, CA $590,268 Craftsman Construction Upland, CA $614,759 Accucon Corporation La Catlada, CA Non-responsive Staff recommends the project be awarded to R L Passarelli Enterprises, the lowest responsive bidder. The contractor possesses a valid state contractor's license and is in good standing with the Contractors State License Board. The contractor's bid has been reviewed for accuracy and conformance to the contract documents and found to be complete. The contract amount includes work for the base bid and bid alternate 1 (removal of t -bar ceiling) and bid alternate 2 (improve conference room and classroom). As an existing building, demolition could uncover unforeseen conditions related to the asbestos and lead abatement or building elements, resulting in extra work; therefore, staff is requesting a 20 -percent contingency. Community Development Block Grant funds were initially identified and appropriated to support a portion of the proposed tenant improvements. Upon further consultation with the Department of Housing and Urban Development, these funds have been deemed too restrictive to be part of this project and have been removed as a funding source. As a result, staff is recommending an appropriation of $60,000 from the General Fund Capital Projects to replace the funding. Staff also requests City Council approval to transfer $20,250 in funds previously appropriated to the Special Districts budget to this tenant improvement construction project. This transfer will provide for a total project budget for the former Newhall Library Tenant Improvements Project of $480,250. This budget is inclusive of construction and contingency, architectural design, construction administration costs, and furniture, fixtures, and equipment necessary to support operations of the SCBI and Special Districts Office. Project costs incurred to date total $91,469 and include construction of fiber optic infrastructure, connection to the sewer system, roof repairs, asbestos evaluation, and architectural design services. Special Districts provides services under provisions of the Landscape and Lighting Act of 1972 (Act), as codified in §22500 of the California Streets and Highways Code. The Act allows the City to provide services in public areas. Under the Act, administrative costs for "other expenses incidental to the construction, installation, or maintenance of servicing of improvements," including preparation of reports and engineering -related services, budget and accounting support, facilities, and furniture, fixtures and equipment costs are an allowable expenditure of funds, as outlined within §22526. J 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 Landscape Maintenance District (LMD) funds (357) in the amount of $330,000 were previously budgeted in expenditure account F2009357-5161.001. An additional $90,250 of LMD funds in expenditure account 12500-5161.002 has been identified as available to support the project. Of these funds, $70,000 will remain in the operational account to provide for furnishings, fixtures, and equipment for the Special Districts office, and $20,250 will be transferred from Special Districts account 12500-5161.002 to F2009357-5161.001. The additional appropriation of $60,000 from General Fund Capital Projects (601) fund balance to expenditure account F2009601-5161.001 will provide for furniture, fixtures, and equipment for the SCBI. These funding requests will create a total allowance for costs of $480,250. Expenditures and encumbrances to date are $91,469 leaving $388,781, available for the construction contract in an amount not to exceed $243,780, furniture, fixtures, and equipment of $130,000 for both the Special Districts office and the SCBI, and $15,001 for architectural construction support, inspection services, labor compliance services, and project administration costs. ATTACHMENTS Bid Proposal for R L Passarelli Enterprises available in the City Clerk's Reading File Contract for R L Passarelli Enterprises available in the City Clerk's Reading File 0 27. PRECONSTRUCTION DOCUMENTS CHECKLIST The following documents are required to be completed and submitted by the Contractor at the times specified by an X opposite each title. If no column is marked, document will not be required. wrm »2a rroposat All Bidders) wtm agreement (Awardee only) Prior to Starting Construction (Awardee only) Post Starting Construction (Awardee only) X Proposal Forms (Cover Sheet, Bid Schedule, References, Bidders Certification) X Non -collusion Affidavit, Certification of Non -Segregated Facilities X Debarment and Suspension n/ X All Signed Addendums (If any) X Designation of Subcontractors t/ X Bidder's Bond or Bidder's Security t/ X Equal Employment F9 P Yment Oppornmity Certifications (Prime Contractor Only) ✓ X Contract Agreement X Faithful Performance Bond X Labor and Material Bond X Certification of Public Liability and Property Damage Insurance X Certification of Worker's Compensation Insurance X Certification of Fire and Extended Coverage Insurance (services involvingreal X properties only) Subcontractor's EEO Certification with Regard to the Performance of Previous Contracts or Subcontracts LRequired for all over $10,000) X Construction Schedule X Schedule of Values X List of all Subcontractors X Materials List and Manufacturer's Brochures (As Required) X Permits X Emergency Contact Information X Construction and Demolition Materials Management Plan Lei SECTION C: PROPOSAL Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 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, that the estimated quantities set forth in BID SCHEDULE are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the contract, the undersigned further agrees that in the event of the Bidder's default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the AGENCYs notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Company Name: RL Passaydl1 C"Ous Company Address: 13)Loq Plotr��t�tC—S1.4w �.l�ukE r Mq 0(oa I By: (Nxk L Gass6wW Print Name Title: Signature: �sv(i✓�— �` Date: a$ t3 C-1 REVISED BID SCHEDULE Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 TOTAL BASE BID (IN NUMBERS) TOTAL BASE BID (IN /WORDS)': ✓L .. _-_ � \ i�w m/J/Al �. !'/.�r� SCI �/D C-2 BIDSCHEDULE Newhall Library Tenant Improvements City Bid No. ENG13-1442009 City Project No. F2009 C-3 DESIGNATION OF SUBCONTRACTORS Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 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 1h of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid: DBE status, age of firm and annual gross receipts are required if sub contractor is participating as a DBE. Su contractor Nt C�'�lp+ �l�e DBE STATUS: Dollar Value of Work Zte Age of firm: YT- CertifyingA enc : Annual Gross Receipts: Location and Place of Business I5g5S (,,Yu,1 w ted, �' `� L b / r0J t.G4a l0 Bid Schedule Item Nos: D=dpbon of Wor Cum �. Phone 5 n 2 1i Phone^) �{ License No. C C/ Fxp. Date: l / Phone a ct _ g7ci0 Subcontractor i7 EIecTR i� DBE STATUS: Dollaz Value of Work 1f 20, two- �o • Age of firm: Certifying Agency: Annual Gross Receipts: Location and Place of Business 9a3� Bid Scliedule Item Nos: Desai do f Work �/IC� Iwih 1%E« License No j l �r� Exp. Date: �t „ m� S Phone 5 n 2 : �/Sf^ubcontracctodrr �ZM7Sn �I Dollar Value of Work to, nm rM Wo or•--• bf firm: c : AnnuslGroaaReceipts:6Wt'VAge Location and Place of Business 9a3� X05 V)- 2ZX4S Bid Schedule Item Nos: Desai do f Work 1%E« &471 License No. Exp. Date: It ' Phone^) �{ Note: Bidders shall fill out the Subcontractor's List in its entirety. The total dollar value of work to be Performed by Subcontractors shall be in conformance with Section 2-3 "Subcondneta" of General Provisions in these contract documents. C-4 DESIGNATION OF SUBCONTRACTORS Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 ^+uJ• ry ii Uo ar Value of Work S (SUO Age Of firm: UVV (� Agency: Annual Gross Receipts: I Location and Place of Business Tao N.I�;� yia Bid Schedule Item Nos: Description of Work License No.! a r Exp. Date:Phone 30 (3 Subcontractor DBE STATUS: :Annual ar Value of Work 1% : 6Dcc. r-) C) Age of Euro: A enc . Gross Receipts: Location and Place of Business ) t liY7 Bid Schedule Item Nos: Descripti of Work License No. -� g l J (� Exp. Date: Phone yl Note: Bidders shall fill out the Subcontractor's List in its entirety. The total dollar value of work to be performed by Subcontractors shall be in conformance with Section 2-3 "Subcontracts" of General Provisions in these contract documents. C-5 DESIGNATION OF SUBCONTRACTORS Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 Subcontractor BE STATUS: Dollar Value of Work Age of film: Certifying A en : Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: Phone ( ) Subcontractor ar Value of Work DBE STATUS: 7- Age of fora: Certifying Agency: al Gross Receipts: Location Place of Business ad Bid Schedule Item Nos: Description of Work License No. Exp. Date: Phone ( ) Subcontractor DBE STATUS: Dar V alue of Work Age of firm: ual Gross in Agency: Receipts: Location and Place of Business Bid Schedule Item Nos'. Description of Work License No. Exp. Date: / / Phone( ) Subcontractor DBE STATUS: Dollar Value of Work Age of fun: Certifying Agency: Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos: Description of Work License No. Exp. Date: Phone ( ) Note: Bidders shall fill out the Subcontractor's List in its entirety. The total dollar value of work to be performed by Subcontractors shall be in conformance with Section 2-3 "Subcontracts" of General Provisions In these contract documents. C-6 REFERENCES Newhall Library Tenant Improvements City Bid No. ENG -13.14-F2009 City Project No. F2009 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: ( I. I�Rn,-k. 1 /n0 9 9 3. The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: Iovu v (plo3 — 781y Lze, f(001� Ca Contractors Name TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 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; 0-0 has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal AGENCY within past three years; � D 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. ft If there are any exceptions to this certification, insert the exceptions in the following space. 0 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. NJ - W. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Newhall Library Tenant Improvements City Bid No. ENG13.14-F2009 City Project No. F2009 This bidder?. proposed subcontractor Z(e f 10, hereby certifies that he has has not 'X participated in a previous contract of 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 C�Compliance, a Federal Government contracting or administering AGENCY, or the former Presidents Committee on Equal Employment Opportunity, all reports that are under the applicable filing requirements. /� L Company: 0 lass 0GLt �'+-'T LG By: l aAA, Title: ow"Ir Date: 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 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Newhall Library Tenant Improvements City Bid No. ENG -13.14-172009 City Project No. FZ009 This bidder K ; • �asss-Ytl ni , proposed subcontractor _V f\L EJ� , hereby certifies that he has , has not X I 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 x , 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. aE ra Uhtlu Title: © UJtJ G— Date: Q 11 ?-L1 1 G 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 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Newhall Library Tenant Improvements City Bid No. ENG -13-14-172009 City Project No. F2009 1 This bidder t A i , proposed subcontractor Y Lw6 reby 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 1092b. 11114, or 11246, and that he has Chas not y,_, filed with the Joint Reporting Committee, and Director of Office of Federal Contract ompliance, a Federal Government contracting or administering AGENCY, or the former President's Committee on Equal Employment Opportunity, all reports that are under the appiicable filing requirements. Company: LLOPex kn1 b By: �)' 1 Phft� ''D� (2LICA C{TrJl� O Title:�' Date: 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 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 ( tproposed subcontractor � hereby certifiesThisbidderR'^t 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 x, 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, ail reports that are under the applicable filing requirements. Company: Title: D 1r Date:T� Note: The above certification is required by the Equal Employment Opportunity of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause as set forth in 41 CFR 60-1.5, (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, the Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime CONTRACTORS and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such CONTRACTOR submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-9 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 This bidder K. i • QST! i c i proposed subcontractor i Ut , hereby certifies that he has has not , participated in a previous ontract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925.11114, or 11246, and that he has Chas not �_, filed with the Joint Reporting Committee, and Director of Office of Federal Contract ompliance, 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:2UAnf�m y7un Xfd S"W By: _�°pA�X - Title: Q(A)l1PN U Date: 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 be taken to meet all equal employment opportunity requirements of the contract documents. Bidder's Name: Q 11��aSSQ(�MW t-, m - t� Business Address: 1 J�I1Vy PV�L(k-kWW' U 911 Telephone No.: �10� — �� — ©�C� pp �A n State CONTRACTOR's License No. & Class: lOti� 0 Original Date: 10 I Z�I I I l 2 Expiration Date: 1 S The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: t1e r ( 5 b2 ) Ll LP -1 - C:d -► ss- -mss 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: N6 NE, cto All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all aforementioned principals this c`6 day of � 2200/x. BIDDER: / Signature SRF Z GU,UL'2 Name and Title of Signatory R2 OW71 Legal Name of Bidder /3/0'/ BXZ-12040Z 6H117- 111W1/77,e4 C/d 906-0,/ Address 56;2 ?y7 W? 06 091z3� Telephone Number Federal Tax I.D. No. SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGMENTS OF EXECUTION OF BIDDER MUST BE ATTACHED this S €P2//3 €2 day of 92.6 '2013. 1 -bi 1pArl,¢lL7Y (SEAL) Commission # 1925564 Notary Public - California Los Angeles County Comm. Enlres Feb 14. 21 C-11 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: dollars ($ ), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted by said AGENCY through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and fumish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. Project Name: Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 Bidder's Signature CONTRACTOR Address City, State, Zip Code * 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. C-12 Bond N0. 10004672 PROPOSAL GUARANTEE BID BOND I Newhall Library Tenant Improvements City Bid No. ENG -13.1417207 City Project No. x'2009 Passarelli Ent. KNOW ALL MEN BY THESE PRESENTS that Robert Louis Passarelli dba R.L , as BIDDER, and American Safety Casualty Insurance Company as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the dollars ($ 107 1 which is ten percent (100%) of the total ami above -stated project, for the payment of which sum, BIDDER ai and severally, firmly by these presents. * Ten Percent of the'Total Amount of the Bid in THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whi to AGENCY for the above -stated project, if said bid is rejected, or is awarded and entered into by BIDDER in the manner and time null and void, otherwise it shall remain in full force and effect in few IN WITNESS WHEREAS, the parties hereto have set their names, 27th day of Seotember_. :2013 BIDDER: Signature Name and Title of Signatory Address SURETY' Elisabete_Salazar, Attorney -in -Fact 1800 McCollum St. Subscribed and sworn to this day of _ NOTARY PUBLIC 'Provide BIDDER and SURETY name, address, and telephone r telephone number for authorized representative. IMPORTANT - Surety. Companies executing Bonds must ap, current list (Circular o70, as amended) and be authorized to project is located. C-li anal sum of it bid by BIDDER to AGENCY for the SURETY agree to be bound, jointly )as BIDDER is about to submit a bid said bid is accepted and the contract 3ecified, then this obligation shall be of AGENCY. hands, and seals, this 62)947-0990 23901 Calabasa Rd. Ste. 1085 aba aas, —C—A-9-1-3-1721-7-81 8)449-3100 CA 90026 (323)663-7814 20_ (SEAL) and the name, title, address, and on the Treasury Department's most act business in the State where the CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of Tnn Angelee J} On _September 27,2013 before me, M S Rodriguez Notary DaPublic Dale Hers Irtsen Name ena :ale oI Ine 0115 personally appeared Lr1,TqARFTIK 4AT.AZAR Nam(3) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) islace subscribed to the within instrument and acknowledged to me that ile/shetOW executed the same in hislher/their authorized capacity('lae), and that by 41 lhedtheir signature(s) on the instrument the person(¢), or the entity upon behalf of which the person( acted, executed the instrument. M. S. RODRIGUEZ °„ly I certify under PENALTY OF PERJURY under the laws NOTARY PUBLIC • CALIFORNIA n of the State of California that the foregoing paragraph is LOS ANGELES COUNTY ?�ti•� true and correct. COMMISSION + 1872651 MY COMM. EXPIRES JAN.; , 2014 WITNESS my hand and official seal. t Signature-�;�T-- ureo NotaryP Plan Notary Seal AEmre Sae -1111 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: __.___-_—_._.._._.__—_ Document Date:___._ _.... _...__ Number of Pages: Signer(s) Other Than Named Above:_— Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: FJ Individual ❑ Individual D Corporate Officer—Title(s): — L:1 Partner — O Limited U General Attorney in Fact CI Trustee D Guardian or Conservator ❑ Other: Signer Is Representing: RIG - UT ITBPRMT OF SIGNER L7 Corporate Officer—Title(s): _ ❑ Partner —❑ UmHed O General ❑ Attorney in Fact L I Trustee ❑ Guardian or Conservator IN] Signer Is Representing: RIGHTTHUrdaPRINT OF SIGNER 10i - ONO'r NsuonN Nobry Asaacietion•97500e Sara Ave..P.D. Box 2402•ClutsvorlR GA 913t32402•vww NaYonelNdaryOfp Ilam x59DT ReaEer: GIITa&Free 1-800-8766827 9'x.'4.. $8 ' ; 2 �,, 72 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that American Safety Caeualry Insurance Comoany has trade, consffiufed and appointed, and by these presents does make, constitute and appoints Elisabete Salazar, Los Angeles, CA Its live and lawltilaternoy-in-fact, far it and its name. Jeco, and stead to execute on behalf of the said Company, as surety, bonds, undertaking arrd contracts of suretyship to be given to ALLO8LIGEES Provided thatnobond or undarlaKing or contract of suretyship executed undbr this authority shut! oxwool in amount the sum of K . 51,000,000.00 This raver of Attdmay. is granted and is signed and wittedby facsimile under and: by the authority Of the following Rasolutlon adopted by the Board of Directors of the Company of the 251h Jay I,'20; 2. ofAp. RESOLVED that the President in conjunction with, Ine Secretary or any Assistant Secretary may appoint anornays-in-fact or agents with authorhy as defined or limited it the. instrument evidencing nie appointment in each case. for ant on behalf of the Company, to execute-antl deliver and affntthe seal of the Company to bands; undertakings, redognsances soil suretyship obfigahans of alt kinds; antl said officers may remove any such attorney -hr.- fact or agent and revoke any power of attomey previously granted to such persons. s.t RESOLVED FURTHER, that any bond, undertaking, recogn¢ance, Or suretyship obligation small be valid and binding upon the Company. (i) what Signed by the Pfesidenbor any Vice.President and aUesiedand sealed of by a scarfs-renuiredj any Secretary, or Assistant Secralary or(ii) when signed by the President a any Vice-president or Secretary or Assistant Secretary, and ccuntervso7ned and sealed pf a. seal as required) by a: duty authorized a1(prnay rt -fad or agent; at (dl} When duly executed and Soaked (if a seal is requited) by One or inere:atiomey-ic-faclDr agents putsuafrt 10 and Vathin the limits of the authority evidenced by tho power of altomey issued by the Company § " lo such person a persons. RESOLVED FURTHER; Mature signature or any authof¢ed officerand Mescal of the Company maybe affixed by facsimile to any power -of attorney Of cenificagort thereof authorizing the execution and tlahvery pithy bond, undertaking, recognizance, or ether surely itica obligations •of f er Company " s„ and such signature and seal when So used shall have fife Same farce and effects as though manually affixed IN WITNESS WHEREOF, American Safety Casualty, lnsurance Company has caused its official seal tc be .signed by its President¢nd Wasted by. its Secretary this 251h Jay of April, 2012, t 4U..' Ambuj gala STATE OF GEORGIA I COUNTY OF COBS On this 25th day ofApriL 2012,'befae me personally came :nseph 0, E he is the President of American Safety Cssualty Insurance Comnan •y�( knows the seal of the said corporation; that the seat affixed to the ''u Directors of said corporation and that he signed his name the etc tRI no MAR. 27, 20'16 affixed, and those presents to be dft D 1 Oil -'7Air me known. who, being by me duly sworn„ did depose and say th _; syv�escrlbetl in and winch executoo the above instrument that he. ieip;poste Seal; that iS was SC affixed by order of the Board of �i �j' een,on Lee .le [ess. "� ub7ic • �G'c`` �t °t rl111!111"' I, life undersigned, Secretary of American. Safety Gasuatty^ Insurance Cornprny. an Oklahoma corporation. DO HEREBY CERTIFY, that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and further,,, that the Resolution of the Board of Directors, set forth in the said Powe! of Attorney Is now in force. Signed and sealed in the City of Atienta, in the State of Georg <<'�^..�-' Wit; Oaty thisZ! tb9y of September 2013 e Am�Jm " 'I,�' ? lu 41, i ... A yxam�, 1 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) Newhall Library Tenant Improvements City Bid No. ENG -13-14-12009 City Project No. F2009 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 contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE BIDDERS CERTIFICATIOM 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. r— C-14 NON -COLLUSION AFFIDAVIT Newhall Library Tenant Improvements City Bid No. ENG -13-1442009 City Project No. F2009 TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )) § 90�&eg �ap/j being first duly sworn deposes and says that he is theAI (sole owner, a partner, president, etc.) of X'T tll �-y't the party making the foregoing bid; that such 1310 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. Bidder: Signature Title Ou/yP2 sworn to and before me this^ rid ri day of ��/�//j . 20LD DIANA ROZENOYER Commission # 1925564 Notary Public - California Los Angeles County Comm. Expires Feb 14. 20 C-15 i1sis u r BIDDER'S QUESTIONNAIRE Newhall Library Tenant Improvements City Bid No. ENG13-14-F2009 City Project No. F2009 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. Submitted Principe 2. Type of Firm: Individual: 3a. If a corporaion, answer these questions: Date of Incono—d7ag President's Name: Vice -President's Name: Secretary or Clerk's Name: Treasurer's Name: of �I0601 3b. If a partnership, answer these questions: Date of organization: State Organized in: Name ofall partners holding more than a 10% interest: �axy+ &4* (�o�6x� (C) D bW lvs-a- Designate which are General or Managing Partners. 4. Name of personolding CONTHAG I c License number. Rf 40 Class: license: C-16 Date: BIDDER'S QUESTIONNAIRE (cont'd) Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 5. CONTRACTOR'S Representative: E1lxy+ Rkszyc(a Title: Altemate: Ub Title: K) P 6. List the major construction projects your organization has in progress as of this date: Owner: (A) -"V\ - yyi (B) .1 i m "I CE)TF ProjectLocation:Jbt7 U.StAtt tl rDPRAFI- I ype of Project:'�uT C-17 CERTIFICATION OF NON -SEGREGATED FACILITIES Newhall Library Tenant Improvements City Bid No. ENG13-14-F2009 City Project No. F2009 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 tetra "segregated facilities" means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The CONTRACTOR agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. 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 ADDENDUM NO. 1 Newhall Library Tenant Improvements City Bid No. ENG -13-14-F2009 City Project No. F2009 City of Santa Clarita, California September 27, 2013 This Addendum includes twenty (20) pages as a part of the Contract Documents for the above -identified project and modifies the original Specifications and Contract Documents, as noted below. 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. f" 1: DISQUALIFICATION` OF -BIDDERS Replace the last sentence ""III "the 1st* 'Paragfaph -of "7: DISQUALIFICATION OF BIDDERS" on page B-2 of the project specifications with the following: i Proposals will be accepted from BIDDERS who are not licensed in accordance with the provisions of the State Business and Professions Code; however, the successful BIDDER shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State CONTRACTOR's license, Class B at the time a contract for this work is awarded. 2. REGISTRATION OF CONTRACTORS Replace the paragraph with this paragraph of "16. REGISTRATION OF CONTRACTORS" on page B-4 of the project specifications with the following: The successful BIDDER shall possess a State Contractor's license, Class B at the time that a contract for this work is awarded, CONTRACTORS shall be licensed to accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code: 3. BID SCHEDULE Replace Bid Schedule, page C-2, with the attached Revised Bid Schedule. 4. Please see the attached letter of "Response to Contractors Request for Information" including additional specifications and revised plans - 6 sheets. 5. The bid due date will remain Tuesday, October 1, 2013 before 11:00am. ATTACHMENTS: Revised Bid Schedule Letter of Response to Contractors RFI Herculite Specifications Revised Plans - 6 Sheets Robert G. Newman Director of Public Works City of Santa Clarke BIDDER'S CERTIFICATE I acknowledge receipt of this Addendum No. 1 and accept the aforementioned. �/ 13 2013 L- �t%J�r� lir-G Date Bidders Signature I THIS DOCUMENT TO BE SUBMITTED WITH BID SECTION ®. Capital Improvement Project Agreement CAPITAL IMPROVEMENT PROJECT AGREEMENT Contract 13-00386 FORMER NEWHALL LIBRARY TENANT IMPROVEMENTS PROJECT NO. F2009 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 CrTY, and RL PASSARELLI ENTERPRISES, as CONTRACTOR. CITY and CONTRACTOR have mutually agreed as follows: ARTICLE I That contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, special drawings, appendices, and City's Labor Compliance Program; together with this AGREEMENT and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said AGREEMENT documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above - stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Revised 112012 Page 1 of 7 ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE V City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR'S performance of or failure to perform any services under this Agreement, or by the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, committed in performing any of the services under this Agreement. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or earlier termination of this agreement. The provisions of this section do not apply to Claims occurring as a result of the City's active negligence or acts of omission. ARTICLE VI CONTRACTOR affirms that the signatures set forth hereinafter in execution of this AGREEMENT represent all individuals, firm members, partners, joint venturers, or corporate officers having principal interest herein. ARTICLE VII Nature of Relationship CONTRACTOR shall not be subject to day-to-day supervision and control by CITY employees or officials. CONTRACTOR shall perform services in accordance with the rules, regulations Revised 112012 Page 2 of 7 Y 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 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. Revised II2012 Page 3 of 7 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 terminate. In the alternative should CONTRACTOR fail to meet any of the insurance requirements under this agreement City may cancel the Agreement immediately with no penalty. Should Contractor's insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore CONTRACTOR must obtain replacement coverage that meets all contractual reguiuirements 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. Workers Compensation Insurance The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify, inure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. Automotive Insurance The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this AGREEMENT, and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Fire and Extended Coverage Insurance (Services involving real property only) CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. Revised 112012 Page 4 of 7 ARTICLE IX Pursuant to Senate Bill 542, chaptered in 1999, the Employment Development Department (EDD) of the State of California requires that a W-9 Form be filed by all vendors for all AGREEMENTS entered into with the City. CONTRACTOR agrees to complete all required forms necessary to comply with EDD regulations. ARTICLE X Term This AGREEMENT shall be effective for a period beginning on the date shown in the Notice to Proceed, and ending on 35 days after the date of recordation of the Notice of Completion unless sooner terminated. Modification/Termination No modification, amendment or other change in this AGREEMENT or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. This AGREEMENT may be terminated with or without cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services shall require thirty (30) days advance written notice unless otherwise agreed in writing between CONTRACTOR and CITY. In the event of termination, CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the notice of termination. Conflict of Interest CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. Non -Effect Waiver CONTRACTOR's or CITY's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of future exercise of such rights or remedies, unless otherwise provided for herein. Severability In the event that any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be construed as if such unenforceable provisions are not a part hereof. Revised 1/2012 Page 5 of 7 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. 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. 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 state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. The Contractors and its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to the requirements contained in the City of Santa Clarita's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent state statues and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable state statues and regulations and adhering to the latest editions of such. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor Revised 12012 Page 6 of 7 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. 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. ALLSIGNATUREsmusTBE Signed By: WITNESSED BY NOTARY Print Name & CONTRACTOR's License No. Class CITY: Mayor/City Manager of the City of Santa Clarita Attest: City Clerk of the City of Santa Clarita Approved as to Form: City Attorney of the City of Santa Clarita Revised 12012 Date: Date: Date: Page 7 of 7