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2013-07-09 - AGENDA REPORTS - FY13-14 PASEO BRDG REPRS1041 (2)
CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 5 CITY OF SANTA CLARIT,' AGENDA REPORT City Manager Approval: Item to be presented by: July 9, 2013 2013-14 PASEO BRIDGE REPAIR PROGRAM - PEDESTRIAN OVER CROSSING EL PASEO DRIVE, PROJECT S1041 - AWARD CONSTRUCTION CONTRACT Public Works RECOMMENDED ACTION City Council: Approve the plans and specifications for the 2013-14 Paseo Bridge Repair Program - Pedestrian Over Crossing El Paseo Drive, Project 51041. 2. Award the construction contract to Toro Enterprises, Inc., in the amount of $363,003 and authorize a contingency in the amount of $36,301 for a total contract amount not to exceed $399,304. 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 City of Santa Clarita (City) Landscape Maintenance District is responsible for the maintenance of all pedestrian bridges connecting the paseo system. This project will replace the existing pedestrian bridge crossing at EI Paseo Drive in the North Valencia Valley neighborhood. Due to the deteriorated condition, the existing timber bridge will be replaced with a new prefabricated steel truss bridge. The project scope will include removal and replacement of the existing foundation, abutments, and reconstruction of a portion of each of the approaches. As part of the ongoing effort to inform the local residents of construction activity in their APPROWED community, City staff worked with the nearby Homeowners Association (HOA) to inform them about the project. An invitation to bid was published three times: May 5, May 15, and May 25, 2013, and was noticed on the City's website. Plans and specifications were also sent to area plan rooms. On June 6, 2013, six bids were submitted to the City and opened by Purchasing. The results of the bids are shown below: Company Toro Enterprises, Inc. C.A. Rasmussen Inc. Granite Construction AMG & Associates, Inc. Breneman, Inc. John S. Meek Company, Inc. Location Bid Amount Oxnard, CA $363,003.25 Santa Clarita, CA $375,717.80 Lancaster, CA $459,459.00 Santa Clarita, CA $467,038.00 Walnut Creek, CA $479,844.10 Gardena, CA $499,778.89 Staff recommends awarding the construction contract to Toro Enterprises, Inc., the lowest responsive bidder. Toro Enterprises, Inc., 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 requested construction contingency amount will cover costs for unforeseen site conditions, such as removal of unsuitable soil and costs associated with removal of the existing bridge foundation and abutment. Adequate funds are available for staff oversight related to construction and project management, including public works inspection, labor compliance, clerical support, geotechnical testing and observation, and surveying. City staff will notify local schools and HOAs prior to the start of construction. 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 responsive 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. 2 FISCAL IMPACT Adequate Landscape Maintenance District funds (Fund 357) are available in the project expenditure account to provide for all project costs including construction, staff oversight related to construction and project management, including public works inspection, labor compliance, clerical support, geotechnical testing and observation, and surveying. ATTACHMENTS Vicinity Map Bid Proposal for Toro Enterprises, Inc., available in the City Clerk's Reading File Contract for Toro Enterprises, Inc., available in the City Clerk's Reading File 3 }q/ � �c < > ( p . �ao6» \o§§ �#� Ap�.--� e 2 » a.{ r ° W ) § 7: \2 K < � k | % ! \� - } \ § � a ; - M �_ 2 / Gam« �� / \ � - /E / ! IC . y » «___ � ) � � � % ON NOANVO mem _�� SECTION C: PROPOSAL EL PASEO DRIVE PEDESTRIAN BRIDGE REPLACEMENT PROJECT S1041 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 the refore,.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 foraward, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices setforthin 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 actualquantities 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 exlben.ses,'tues,- 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'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 agrees that the price bid for the project shall include all cost covering the performance of work, including the furnishing of labor, materials;. tools, and equipment.: BIDDER further agrees that the cost of work necessary for the.completion'of a particular Bid Schedule item: has been included in the price.bid. for.that item unless the work.ls 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 price bid for other items of. work. .Contractor: Name 10 11 o Oil tOr42j I'SeS r lf7C.. Contractor Address: 2101 E• Ven -f re( 't3.lvd ©xviard 6A 760RCo. By: 5V, CA41 o P d t Print,Nam T e Signature; / Date: )utTP S*^ 2013 C-1 EL FASEO DRIVE PEDESTRIAN BRIDGE REPLACEMENT . PROJECT S1041 City of Santa. Cladta BID SCHEDULE ITEM NO. DESCRIPTION UNIT. QTY. . UNIT PRICE TOTAL 1 Mobilization. (not to exceed 3% of bid) :. LS . 1 $ I o, 250.E $:ID zz. °` 2 Traffic Control LS 1 $ 8i 000. •' $ •8 600 - . 3 .Water Pollution Control LS 1 $ -,SZ0 $ :2, 520.-' 4 Clearing and Grubbing : LS 1 . $ '.32„o00. °' $ '52.600:" 5 Structure. Excavation CY .172 $. -12,00 $'� 6 Structure Backfill CY 132 $ 35, S° $_ f,tnbU `< 7 Pervious Backfill CY 7 $ yg9• °' $ 3., {23 .` 8 Pedestrian Path SF 504 $ g , 5�, $'y ; z L1 .—. 9 - Structural Concrete (Bridge) . CY 47 $ 7H 0.0 $ 3y;�tso.—. 10 Bar. Reinforcement (Bridge). POUND .7,171.. $ 1.75 $.tsiS4I.zs :11 Joint Seal (Type B) LF: 20.. $. =PH.. °D $ 1, 4 sa . — 12 Brick Masonry Construction LF 134 $ I S , 5b . $ 13 Lightweight Concrete (Bridge) :CY 20 $ $. 14 Miscellaneous Metal (Bridge). LS 1 $ U, 125.00 $. CO, i75..7 • 15 Tubular Handrailing (Bridge) LF' 245 $ :Lp.O° $ 1 q -to 0a' 16 Remove, Salvage &Reconstruct Metal Tubular Handraifin Pedestrian Path LF 134 $j,:°O $ 12;9`te •— 17 Remove, Salvage & Reconstruct Steel Tubular Fence . LF 30 . $ •� S.`�.. $ 18 Chain Link Fence (Bridge)' . LF. 245. $ L_1I.°r' $; ll S15. 19(S) 'Furnish Prefabricated Steel Truss. EA 1 $ {tp ♦',SV6 po $ ILPO, vo: 20 Erect Steel Truss LS P $ I'i,RSO "° $ _I `4 21 Pedestrian Path Light Construction L$ 1 $ IG, x{50.°° $ 151•IiSa.� GRAND TOTAL: $ 31a3 0031 2s DESIGNATION OF SUBCONTRACTORS . EL PASEO DRIVE PEDESTRIAN BRIDGE REPLACEMENT. PROJECT S1041 City of Santa Clarita, California 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.1Yz of 1 percent, of.the prime contractor's total bid. The formMUST be returned with bid, filled in or annotated.with "No Subcontractors" if none will be used. Subcontractor: At corm %of Contract Work. -F-m.c e (ampay'l License No.: f Z 9,5*7 ' Exp. Date: 'Z / Z8_/ N Phone 323 13 `iZ Location of.Place of'Business: lu- a -k *' 2`l1 . P7ItvLoa� 61-rA u .Vali. ` 9,1352 Bid Schedule Item Nos: Description of Work r� Lb �1aa.r re�rLFvrcutiq Steel DBE status YES or DBE type: DBE $ Value of Work:. certifying agency:. A e of firm: Annual gross recei ts: Subcontractor:% of Contract Work: fvrrevs-fu Rehav Inc. License No.: -415`](¢1 Exp. bate: 12- 131 If Z013 Phone SOS : 6 q 3 7 taaY'z..' Location of Place of Business: P - B -.Oaf �liew .CA `(3022. Bid Schedule Item Nos: Description of Work; r� Lb �1aa.r re�rLFvrcutiq Steel 'DBE status . YES o DBE type:. DBE $.Valueof Work; . .Certifying agency: A e of firm: Annual gross receipts: bESIGNATION OF SUBCONTRACTORS EL PASEO DRIVE PEDESTRIAN BRIDGE REPLACEMENT PROJECT 51041 City of Santa C/arita, California Subcontractor: % of Contract Work:. Taft electric totnnp... . License No.: Ez . Date: JZ / 31 113. Phone 00� us Location of Place of Business`., tla�f f �o-s+war AAi-Q...V�n , CA 9SM3 Bid Schedule Item Nos: Description of Work 21 tl.e�tn ca I . DBE statusYES or.V DBE type: DBE $ Value of; Work: Certif in a enc : Age of firm: Annual gross receipts: Subcontractor: `/o of Contract Work: C._Miu.r i CARee9f . License.No.: LS9998 Exp; Date: l2 /31' / I'i Phone 8M_ 525, 337'� License No.: Grid t'SLgiplitf Exp. Date -t? --.4.4 / Phone :1UO 522- 09q Location of Place of Business: SduL bi CA ' Bid Schedule Item Nos:' Description of Work.. DBE type: DBE $Value of Work.: DBE status YES orU DBE type: DBE $ Value of Work: Certif 'in .a enc : _82e of firm: Annual dross recei ts: Subcontractor: % of Contract Work:_ 2% . C._Miu.r i CARee9f . License.No.: LS9998 Exp; Date: l2 /31' / I'i Phone 8M_ 525, 337'� Location of Place of Business: 5erda Paula C Bid Schedule Item Nos:: Description of Work QBE status .YES or DBE type: DBE $Value of Work.: Certifying agency : Me of firm: Annual gross recti ts: NOTE For public construction projects ONLY: Total percentage of work'by subcontractors may not exceed 50% unless otherwise specified in this document. C-4 DESIGNATION OF SUBCONTRACTORS EL PASEO DRIVE. PEDESTRIAN BRIDGE REPLACEMENT . PROJECT 51041 City of Santa C/arita, California Subcontractor: License No.:. Exp. Date: F / % of Contract Work: Phone Location of Piace of Business: . Bid Schedule Item Nos.,Description of.Work DBE status YES or NO Certif in a enc i DBE'type: Age of -firm: jAnnhualqross DBE $ Value of Work: recei ts: Subcontractor: License No.: Exp. Date: / / %.of Contract Work: " Phone Location of Place of Business: Bid Schedule Item Nos: Description.of Work DBE status 'YES or NO Certifying agency: DBE type:. A e of firm: — DBE. $ Value of Work; Annual gross receipts: . Subcontractor: License No..' Ex . Date: ! 1 % of Contract Work: Phone Location of Place of Business: Bid Schedule, Item Nos: Description of Work DBE status YES or NO Certifying.agency: DBE type: A e of firm: DBE $ Value of Work: Annual gross receits. NOTE For public construction projects ONLY: Total percentage of work by.subcontractors may not exceed 50% unless otherwise. specified in this document. C-5 EL PASEO DRIVE PEDESTRIAN.BRIDGE REPLACEMENT PROJECT S1041 City of Santa. Clarita, California REFERENCES 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: 1. Ei6yn5 t"touii(1'W)al Wkh+x Dish M6 MtZZ Ara Mt. OaK V4vJ CA 930.02 Name and Address of Owner / Agency t�2tl .Cole, .. COos) (cy� - 2ZS:l Name and Telephone Number, of Person Familiar with. Project. . 6r� � Ins�'uuxewtuho�. I/2o13< Contract Amount. Type of Work Date Completed 2. Fom' ow:soectul mYDj S L. P• .320. .F06%'VJJ. Dlvd• suiFe 10o Pas-�,cA111tOlt Name and Address of (Ywner / Agency V40'0 Lau) iCe2tp' wo4-9teo� Name and Telephone Number of Person Familiar with Project 3t� 90 : Cta Sake (IvncYele VOV m qlt4 7013 . Contract Amount Type. of Work Date Completed. 3. r&.un-N of VAnALM - M :5c). J i c;b c -lc, A -V -t. V-tvt+-km. (A .9 &CION Name and Address of Owner/ Agency Name and Telephone Number of Person Familiar with Project $.8' 2�1 • )af�sa ltkSVt UCIornS R61b r 1 Zoll f Contract'Amount ' ' Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance bonds: - A -on( 2isl�- 5ol�n'hDyiS �Z13� Co36 - l32°t 109- U-%t6Ylite gwd s-te 21e00 Los A-v�o-&les 16ot 'T v.elers ra �nl•4w 2 Surelvi Coint�lan� (�09) (012-31�sy 2l Comic d &a+tLumY Uv�+W rtv2 C)i aiwLovL6 fir, (A Rtes C-6 Taro t=r.+eroris�c lrtc. Contractor's Name . TITLE 49; CODE OF.FEDERAL REGULATIONS; PART 29 DEBARMENT AND SUSPENSION CERTIFICATION EL PASEO DRIVE PEDESTRIAN -BRIDGE REPLACEMENT PROJECT S1041 City of Santa C/arita, California The bidder under penalty ofperjury, certified that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, office manager' is not currently under suspension, debarment, voluntary, exclusion or determination of ineligibility by any federal AGENCY; has not been suspended, debarred, voluntarily excluded; or determined ineligible by any federal AGENCY within past three years; does not have a proposed debarment pending; and has not :been indicted, .convicted, or had a civil judgment. rendered. against it by a court of competent jurisdiction in. any matter involving fraud or official: misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. �l of�c Exceptions; will not .necessarily result in denial of award, but will be considered in determining bidders' responsibility. For any exception noted above, indicate. below to whom it applies; initialing AGENCY,.and dates of action.' . ' NOTE: Providing.false information may.result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. C-7 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION E.L PASEO DRIVE . PEDESTRIAN BRIDGE REPLACEMENT PROJECT St04t City of Santa Clarita, California This bidder ro l e proposed, subcontractor hereby certifies that he has _ as not participated in a previous contract or subcontract subject .to the equal opportunity clause, as required by Executive.Orders 10925.11114,. or 11245,.. and.th'at he has W, has not filed.with the Joint Reporting Committee, and Director of Office of Federal Contract Compliance, a Federal .Government contracting .or administering AGENCY; or the former President's C .:mittee on EqualEmployment Opportunity; all reports that.. are under the applicable filing r uir ents. company: ' Gro "'i l C. By: . Seavi CaStilto Title: Pr kr x dens Date: )UtnO 5, ZDl3 Note: The above certification Js 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 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 therequired. 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: I M 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 affirmativeactions 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: 1 YO Fh%fr�t^t��S �IVI G . Business Address: .Zto1 .2.-Nxvtluy& -5lN8. Nvlard, CA ,R30 --1U Telephone No.: Ceos� L4 2b7L' 5-65 State CONTRACTOR's License. No. & Class: �+LOSC�p A. . Original Date: 1-2- 130914 Expiration Date: 6 /31 h72 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: Secevi CraSh�l4o-P��Sideyt� i`3C5 �14� -'-CSIs P.O: fox CoZ$S .Dxvu!av'd �.� 9bo31 lexv� N�tyty�i�c�t1 — secre lr>r t C2v� LAS- lS P.6. any- fp-Z-35 (hcinard Ct 73631. 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: C-9 (i ) CALIFORNIA ALL-PURPOSE CERTIFICATE OF AKNOWLEDGMENT State of: California County of: Ventura On _June 5, 2013 before me, Renee Cruz, Notary Public (name and We of the officer) personally appeared Sean Castillo who proved to me on the basis of satisfactory evidence to be the person A whose name(4 is/afe- subscribed to the within instrument and acknowledged to me that he/sk4hey executed the same in his/he;4heir authorized capacity (i* and that by his/heAthoipsignature,(s)'on the instrument the person(a)s or the entity upon behalf of which the person(eacted, 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. =6'MNo1aryPub1ic-Callfornla UZ WITNESS my hand and official seal 2011344 Callfornla iunty 'Apr 6, 2017 S5�gnature cTINotary Public (Notary Seal) ------=_--------------OPTIONAL INFORMATION.= - Information below is NOT required by law however may deter fraudulent removal of this font. Description of Attached DocumentCapacity Claimed by Signer(s) Number of Pages -, ❑ Individual(s) 7 Document Date: 5-30-13 7 rl( Corporate Officer President ❑ Partner Bidder's Information and Certification for Title or type of document ❑ Attorney -in -Fact Project 51041 ❑ Trustee(s) ❑ Other Additional ormation 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/cashiier'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 pioperty of said.AGENCY provided this Proposal, shall be accepted by said AGENCY. through action of its . legally constituted contracting authorities, and the,undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. Project Name:, A DRIVE -PEDESTRIAN BRIDGE REPLACEMENT Bidder's ignatureh .ShitCo Toro en ea����^iSSC IV1r. CONTRACTOR. . 2iol •G. V.evy-Ftara 131yd� . Address 0,y\w-df...CA g3Oi(o.: 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 (10D/o) of:the total amount of.the bid: C-11 PROPOSAL GUARANTEE BID BOND EL PASEO.DRIVE PEDESTRIAN BRIDGE REPLACEMENT PROJECT S1041 City of Santa Clarita, California, KNOW ALL MEN BY THESE PRESENTS that TORO ENTERPRISES, INC. as BIDDER, and TRAVELERS CASUALTY AND SURETYCOMPANY, OF AMERICA . as SURETY, are held and firmly bound unto , the. City of. Santa Clarita, as AGENCY, .in the penal . sum of Ten Percent of Amount Bid dollars ($ 10%0 Amount Bid), 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 b'y-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 saidbid 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,.otherwiselt:shall remain in full force and.effect in'favorof . AGENCY.: IN WITNESS WHEREAS, the parties hereto have set their names,'titles, han s,.a eals; this 4th . day of lune 2013. '.BIDDER, TORO ENTERPRISES, INC. By: P.O. Box 6285 Name: 15.eay i atGrhttC) Oxnard,CA 93031 (805) 483-4515 Title: QR7SldQ04r" d.swom to this day of - • 20_ NOTARY PUBLIC SEEATTACHEDJURAT 'Provide BIDDER' and SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative. IMPORTANT - Surety Companies executing'Bonds must appear on the Treasury Departments most current list (Circular.570, as amended) and a authorized to transact business in the State where the project is located. C-12 State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 4th day of June, 2013 by Daraw Madv, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (seal) Signature -�f James Ross, Notary Public JAMES ROSS +" COMM. #1984813 z y Notary Public - California o z c " Los Angeles County M1 Comm. Expires Judy 12.2016 RED BORDER 11111VA, POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225449 Certificate No. 005350489 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the Sante of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Paul Rodriguez, Lisa K. Crail, B. Aleman, Daravy Mady, and James Ross of the City of _ LOS Angeles , Siete of Califol-nia , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.business of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pemutfed4n anygdtions or-prrpceedings allowed by law. t IN W[TNFSS WHEREOF, the Companies have caused this insnument to be signe3:aud the¢ corporate seals to be hereto affixed, this 28� day of January 2013 1, �y= •. - ty Farmington Casualty Companyy �j —"X, Company, :%Fidelity and Guaranty Insurance Com an Fidelity and Guaranty InsurrancesUnderwrite", Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ej p1.611,r((` ya. H6 er DW'rnin195t1tto + G1 �0J'�..•Ne6.°; Vp(O$Na.N^.E.._.0.�...Y.+LS+e!sB�Io' ra ,pi �NSYgr6M1,° ;+NNu�ttYrwRMaOa.4 fs pa9���0 7977g CONN. . ' �•Iyt• State of Connecticut City of Hartford ss. By:�YGw`,4 _ Robert L. Raney, eaior Ytt Resident On this the 28th da of January 2013 Y , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. wi _ \ 1 \ (,�nlJ� l:. �J-�JN U•t.�.� My Commission expires the 30th day of June, 2016. per* I(t 'k Marie C. Teneaulr, Notary Public 58440-8-12 Printed in U.S.A. INVALID WITHOUTTHE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Fnrmingion Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fite and Marine Insurance Company, SL Paul Guardian Insurenbe Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys4n-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authoriy to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, die Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and f Surety Company, Travelers Casualty and Surety Company of America, and United'Srtates Fidelityand Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Comperiftwhtclkis,iti•fuB ppform and effect and has not been revoked. Oj JUN 04 2013 IN TESTIMONY WHEREOF, I have hereunto set my hand and -affixed thp�seals of seidiCbmpanies this day of , 20 _ Hughes, Assistant Sec tory 6Y ClJffSarl .ca�wM naM1977�A 'lSEALcxa � 3�y,QOpF±trteYa . w f f• ei6w'AM� i`... �P „P' r Af7AINS`- To verify the authenticiy of this Power of Attorney, call 1-800-021-3880 or contact us at www.travelembond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. CALIFORNIA ALL-PURPOSE CERTIFICATE OF AKNOWLEDGMENT State of: California County of: Ventura On _June 5, 2013 before me, Renee Cruz, Notary Public (name and He at Me officer) personally appeared Sean Castillo who proved to me on the basis of satisfactory evidence to be the person (whose name() is/are subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/hecltheir authorized capacity *), and that by his/her/their signature(syon the instrument the personkrSf, or the entity upon behalf of which the personXacted, 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. RENEE CRUZ Commission # 2011344 WITNESS my hand and official seal $Notary Public • California z =QMV Ventura County a p Comm. Expires Apr 6. 2017 r Signat re fNotary Public (Notary Seal) _------- —OPTIONAL INFORMATION— Information NFORMATION---:- Information below is NOT required by law however may deter fraudulent removal of this forth. Description of Attached Document Capacity Claimed by Signer(s) Number of Pages 1 ❑ Individual(s) Document Date: 6.4.13 tib Corporate Officer President ❑ Partner Bid Bond for Project S1041 Title or type of document ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other Additional ormation NON -COLLUSION AFFIDAVIT (Title 23 United: States Code Section 112 and Public Contract Code Section 7106) EL PASEO DRIVE PEDESTRIAN BRIDGE REPLACEMENT PROJECT S1041 City- of Santa Clarlta, California To the CITY OF SANTA CLARITA: In conformance with Title.23 United States Code Section 112 and Public Contract Code 7106, the Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership; company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that.the Bidder has not directly or indirectly induced:or solicited.any'other bidder to put in a false or sham bid,. and has not directly or indirectly colluded, conspired, connived, or agreed with any.bidder.or anyone else to. put in a sham bid, or. that anyone. shallrefrain.from bidding; that the Bidder has not in. any'. manner, `directly or .indirectly, sought by agreement,: _ communication, or conference with'anypne 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. or 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 Ioany corporation, partnership, company .association, organization, bid depository; or to any . member or agent thereof to'effectuate. a collusive or sham bid. T14E BIDDER'S EXECUTION . ON THE SIGNATURE PORTION OF THE I `BIDDER'S CERTIFICATION" SHALL ALSO 'CONSTITUTE' AN. ENDORSEMENT AND EXECUTION OF THOSE. CERTIFICATIONS. WHICH FORM A PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING .A: FALSE CERTIFICATION. MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. C=13 NON -COLLUSION AFFIDAVIT EL PASEO DRIVE PEDESTRIAN BRIDGE REPLACEMENT PROJECT S1041 City of. Santa Clarita, California TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA .: COUNTY OF LOS ANGELES § —5Q -&V\ 'Ceshllo being first duly sworn deposes and .says, that . he is the Dresld (sole owner, a partner, president, etc.) of T s the party making the foregoing bid;. that such bid is no 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, orthe. 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, companyassociation, 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 i'q1trest with said BIDDER in his general business., - Signed: 5eavt; eashilo Title' . PY'estdeYlk. Sub3tir{s�lan: n to.and. fjefore me this day of 20_. C-14 CALIFORNIA JURAT State of: California County of. Ventura Subscribed and sworn to (or-affir=d) before me this 5th day of June 2013 by Due Month Y. (1) Sean Castillo Name of Signer (s) (2) Name ofSigner (s) who proved to me on the basis of satisfactory evidence to be the person(�7j who appeared before me RENEE CRUZ —`--- WITNESS my hand and official seal Commission a 2011344 Notary Public - California z aMy Ventura nt y /p Comm. Expires Apr 6, 2017 Signature of Nota ublic (Notary Seal) - _---__--= -=OPTIONAL INFORMATION—= -._-- =--------201 Information below is NOT required by law however may deter fraudulent removal of this fimn. Description of Attached Document Capacity Claimed by Signer(s) Number of Pages 1 ❑ Individual(s) Document Date: _a-1 ❑ Corporate Officer President Non -Collusion Affidavit for Project S1041 ❑ Paltrier Title or type of document ❑ - Attome y-in -Fact - ❑ Trustee(s) ❑ ' Other Additional information 1 i BIDDER'S QUESTIONNAIRE EL PASEO DRIVE PEDESTRIAN BRIDGE REPLACEMENT PROJECT S1041 City of Santa Clarita; California If the bidder has answered the questionnaire within the past year and there are no significant changes in the information requested, then the bidder need not file a new questionnaire. If there are, changes,indicate those changes: Should the: space, provided not be adequate,` so. indicate and complete information on a separate page(s) and attach hereto. 5w w,,,ttQd .duzsYio✓tv�c,t� R . u�it+n v . I. Submitted by: Telephone: Principal Office Address: 2. Type of Firm:. Corporate: ` Other: Individual: Partnership: 3a. If a corporation, answer these questions: Date of Incorporation: State of Incorporation:' President's Name: Vice -President's Name: : Secretary or. Clerk's Name: Treasurer's Name: 3b: If a partnership', answer these questions:. Date of organization: State Organized in: Name of all partners holding more than a 10% interest: C-15 CERTIFICATION OF NON -SEGREGATED FACILITIES EL PASEO,DRIVE PEDESTRIAN BRIDGE REPLACEMENT PROJECT 51041 . City of Santa Clarita, California The' CONTRACTOR certifies that he does not maintain or: provide- for his employees: any segregated facilities at any of, his establishments, and that he does not permit his .employees to perform their services. at any location, under his control, .where segregated facilities are maintained: . The CONTRACTOR certifies further that he will not maintain or provide for. his employees. any: segregated facilities at any; of his establfshments, .and. that he will not permithis employees .to perform,their services, at -any location; under his'control, where segregated facilities are maintained. The CONTRACTOR agrees that a breach. of this certification is a violation of the Equal Opportunity .. clause in this. Contract. As used in this certification,. the term "segregated facilities" means any waiting. rooms, work areas, rest rooms, and wash .rooms, restaurants and other eating areas, time clocks,, locker rooms and, other storage or dressing areas', parking lots', drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees .... which are .segregated: by explicit directive or are in fact segregated on the basis of race, creed, color; or national .origin, because of habit, local custom, or otherwise. The CONTRACTOR agrees that (except where he. has obtained identical certifications.from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award' of. subcontracts exceeding $10,000 which. are not exempt from the, provisions. of the Equal . Opportunity clause, and that he will retain such certifications in his files. b Y l QS C , NT C RAC OR.: 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, .1968-0. 3065). C-17 CAPITAL IMPROVEMENT PROJECT AGREEMENT Contract 13-00236 EI Paseo Drive - POC Replacement Project 51041 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 TORO ENTERPRISES, 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. Revised 1/2012 Page I of 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 V2012 Page 2 of 7 and policies of CITY respecting such services. and in accordance with appropriate standards of professional conduct, if any, applicable to the services provided. CITY shall not 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 1/2012 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 requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the CONTRACTOR may be held responsible for the payment of damages to persons or property resulting from the CONTRACTOR's activities or the activities of any person or persons for which the CONTRACTOR is otherwise responsible. Worker's Compensation Insurance The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify, inure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. Automotive Insurance The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this AGREEMENT, and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Fire and Extended Coverage Insurance (Services involving real property only) CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. Revised 12012 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. Mod ification/Termi nation 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 paries 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. Governing Law Revised 1/2012 Page 5 of 7 This AGREEMENT shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Compliance with Law CONTRACTOR shall comply with all applicable laws, ordinances, codes. and regulations of the federal, state, and local government, including City's Labor Compliance Program. CONTRACTOR shall comply with all aspects of the National 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 (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Revised 1/2012 Page 6 of 7 Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. The parties hereto for themselves, their heirs, executors. administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names and titles this day of 20. CONTRACTOR: CONTRACTOR Name: Address: Phone & Fax No. ALL SIGNATURESRIUSTRE Signed By: WITNESSED BY VOTARY Print Name & Title: CONTRACTOR's License No. Class CITY: Date: Mayor/City Manager of the City of Santa Clarita Attest: Date: City Clerk of the City of Santa Clarita Approved as to Form: Date: City Attorney of the City of Santa Clarity Revised 112012 Page 7 of