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Home My WebLink About2013-06-25 - AGENDA REPORTS - NEWHALL ROUNDABOUT PROJ C2022 (2)Agenda Item: 9 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Curtis Nay DATE: June 25, 2013 SUBJECT: NEWHALL ROUNDABOUT AT 5TH STREET AND NEWHALL AVENUE, PROJECT C2022, FEDERAL -AID PROJECT STPL 5450(068) - AWARD CONSTRUCTION CONTRACT DEPARTMENT: Public Works RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for the Newhall Roundabout, Project C2022. 2. Award the construction contract to R.C. Becker and Son, Inc., in the amount of $1,524,690, and authorize a contingency in the amount of $228,704 for a total contract amount not to exceed $1,753,394. Authorize an expenditure in the amount of $92,000 to NNS Engineers, Inc., for a professional services contract to provide construction engineering and construction survey. 4. Authorize an expenditure in the amount of $30,000 to Pacific Coast Land Design for landscape architect support during construction. 5. Award a contract to Tetra Tech, Inc., in the amount of $140,000 for construction management services. 6. Appropriate Landscape Maintenance District Funds (Fund 357) in the amount of $1,107,450 to expenditure account C2022357-5161.001. 7. Authorize the City Manager or designee to execute all necessary documents subject to the approval of the City Attorney. 8. 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 In 2005, City Council adopted the Downtown Newhall Specific Plan (DNSP), which outlined the vision for the future of Old Town Newhall and created a plan to revitalize the area. Since the plan adoption, a number of significant infrastructure projects, such as the Railroad Avenue Circulation Project, Newhall Metrolink Station, Veterans Historical Plaza, Newhall Community Center, Streetscape, and the Old Town Newhall Public Library, have been completed. As part of the DNSP, this federally and Landscape Maintenance District funded project focuses on improving the traffic flow at the intersection of Newhall Avenue, 5th Street, and Main Street, by removing the existing signalized intersection and replacing it with a modern roundabout. It will provide a southern gateway to Old Town Newhall, with enhanced landscaping and a monument entrance to Main Street. The center of the roundabout will also include a public art component City of Santa Clarita (City) staff has worked closely with Los Angeles County (County) staff to ensure the roundabout design and Hart Park frontage improvements are complementary. The County has removed the chain link fencing and replaced it with wrought iron fencing, along with making enhancements to the exterior of the park. The collaboration between the County and City will result in a complete transformation of the southern entrance to Old Town Newhall. In addition to the aesthetic enhancements, the modern roundabout will allow for smoother traffic flow at the intersection of Newhall Avenue, 5th Street, and Main Street, providing pedestrian connectivity between Main Street and Hart Park. During the design phase of the project, staff conducted a number of outreach meetings with the Old Town Newhall Association, Historical Society, Friends of Hart Park, City Council Subcommittees, Los Angeles County Public Works, and Los Angeles County Parks. Individually, staff met with local businesses and property owners. The feedback was incorporated into the project plans and specifications. In addition, a public open house was held on March 14 to share the proposed roundabout project, construction schedule, and detour plan with the community. An invitation to bid was published three times: April 26, April 30, and May 5, 2013, and was noticed on the City's website. Plans and specifications were also sent to area plan rooms. Six bids were submitted to the City and opened by Purchasing on May 29. PA The bids submitted by PUB Construction, Inc., and R.C. Becker and Son, Inc., each contained multiplication errors when the unit quantity was multiplied by the unit price to reach the extended price for various items. The bid documents include a provision that in the case of discrepancies the unit prices shall govern over the extended amounts, and City staff has corrected the bid amounts pursuant to this bid provision. The corrected amount for the bid results are shown below: Company R.C. Becker and Son, Inc. PUB Construction, Inc. C.A. Rasmussen, Inc. Sully -Miller Contracting Co. PALP Inc., dba Excel Paving Co. Zusser Company Location Amount Santa Clarita, CA $1,524,690.03 Diamond Bar, CA $1,590,284.38 Valencia, CA $1,624,887.30 Brea, CA $1,856,200.20 Long Beach, CA $1,984,012.50 Los Angeles, CA $2,159,549.10 Staff recommends the project be awarded to R.C. Becker and Son, Inc., the lowest responsive bidder. This contractor possesses a valid state contractor's license and is in good standing with the Contractors State License Board. The contractor's bid was reviewed for accuracy and conformance to the contract documents and found to be complete. The construction contingency amount requested will cover costs of unforeseen site conditions, such as potential utility conflicts and removal of unsuitable soil. The actual volume of unsuitable soil will be determined during grading operations and conflicting private utility lines may be discovered during construction. Staff recommends an expenditure to Pacific Coast Land Design, Inc., for landscape architect support. This consultant has the expertise and experience working closely with City staff on several landscape and beautification projects including the Streetscape improvement on Main Street. Staff also recommends an expenditure to MNS Engineers, Inc., for construction engineering support. The spending authority will also include services for construction survey staking. Due to the uniqueness and complexity of the project, staff recommends a professional services contract with Tetra Tech, Inc., to provide construction management and support for a contract amount of $140,000. This company has successfully provided similar services and has experience working closely with the City. The City is maintaining a construction office in downtown Newhall, in the vicinity of the project. The office houses the project management team, which includes personnel available to address questions and concerns from the business community. 3 Additional funding is needed due to dissolution of the Redevelopment Agency; which was a source of funding for this project, changes in bidding environment, and the need to provide a construction office and additional construction management services. Upon completion of this project, the only remaining segment of Main Street not already improved to the DNSP will be from the roundabout to 6th Street. An expenditure budget of $233,004 is available for labor compliance services, material testing, landscape inspection, stormwater inspections, quality assurance, installation of water meter, construction office and supplies, staff oversight, and miscellaneous project costs. ALTERNATIVE ACTIONS Other actions as determined by the City Council. FISCAL IMPACT Funds in the amount of $1,328,866 are currently appropriated in various project expenditure accounts. The requested appropriation of Landscape Maintenance District Funds (Fund 357) in the amount of $1,107,450, will create a total project budget of $2,436,316. Expenditures to date are $187,918. The remaining budget is anticipated to adequately provide for the maximum contract amount of $1,753,394 to R.C. Becker and Son, Inc., $92,000 to MNS Engineers, Inc., for construction support; $30,000 to Pacific Coast Land Design, Inc., for landscape architect support, and $140,000 to Tetra Tech, Inc., for inspection services. The residual amount of $233,004 will provide for estimated project costs for survey staking, quality assurance material inspection, inspection services support, and staff oversight. ATTACHMENTS Location Map Bid Proposal (Revised) for PUB Construction available in the City Clerk's Reading File Bid Proposal (Revised) for R.C. Becker and Son, Inc. available in the City Clerk's Reading File Contract for R.C. Becker and Son, Inc. available in the City Clerk's Reading File 51 SID SCHEDULE FILE (Revised) NEWHALL ROUNDABOUT �.U..6._G.pNS.T.-J?_1GT-(On! . ... ..... . .. I City Bid No. ENG -12-13-C2022 City Project C2022 Federal Aid - SPTL 5450(068) City of Santa Clarlta, Californla - - F -2012 -Edition "Greenbook" Standaid Specifications -For -Public Works;.26 CSI Format for Electrical Work rreral-Provisions;SP=Special-Provision,-(F)=Flnal-Fay-item;— — ecialty Item; EA - Each;mp Sum; LF -Linear Foot; SF -Square foot; SY- Square -Cubic Yard; LB -Pound l Off/ce FaclIfflas fnr Amanny Personnel LS 1 6,000 1 44GrG43� Coordination of the Plans LS 1 le),0C'6 Ca, 000 Water Pollution Control Plan LS 1 /S,OVTU fS, l (' s Detour, Traffic Handling, and Construction Area Signs LS 1 4 coo 60, OzzO Si nin q Plan LS 06 /3,So6 Strl ln2 Pian LS 1 13,5'q6 Clearing, Grubbing and Removals LS 1 5) yacc 5,9(50 Unclassified Excavation CY 504 //g 5%i LITZ Im ort Borrow CY 417 4,9-d, 6v Remove Asphalt Concrete Base, Surfacing, Gutters, and Brick Pavers SF 36 297 '/0 ^7r 6�, d73 . RS P.C.C. Removals SF 16 647% =8'q 3/, 412-9. 5, Cold Plane As halt Concrete 2" SF 2 571"/ 21- 9Y2 .%F Remove Signal Pole, Foundation, and A122urtenances LS 1 9-y0 �(• [Fc/c� Remove Street Lights and Appurtenances LS 1 `%� `r• yfD C2022 Newhall Roundabout C-2 Addendum I 66 15 Remove Handrail LF 21 Z (L{ 5 .94 16 Remove Bench and Newspa er Metal Boxes EA 4 2�/ •� I, igo= 17 Ral5elAd ust ManheleNalve Can/Utlll Box EA 4 18 Remove Tree Well EA 7 • q5 2,SG Z a 6 PAVEMENT CONSTRUCTION 19 Asphalt Concrete TON 861 (04.65 t7211T6 •6 20 Crushed A re ate Base Cy— 426 '70 .8 5 38,157. 21 _-SlurfSeal -e.11- SY 83D t!k,_ijo_._. -ti 9 22 --Removable Curb for -Storm Drain -Manhole'-- 1— (t�{f (—� r 23 Concrete Curb &Gutter (A2.6) end Aggregate Base Sandstone Color LF 1.300 3(-86 4t, Via •` 24 Concrete Curb (A3-6) & 12" Gutter andz13 A re ate Base Sandstone Color LF 345 - a_, 25 3" Mountable Curb & 24" Gutter and Aggregate Base Sandstone Color LF 252 35, o go 26 Concrete Curb (A1-6) and Aggregate Base Sandstone Color LF 629 Z3 .6a F�{ ,5LN- 27 6" Vertical Curb and Aggregate Base Sandstone Color LF 190 2� 6p L(, rqLr 28 Concrete Sidewalk Sandstone Color SF 3,541) -QS ZS 643•`� 29 30 Detectable Warning Surfaces Concrete Driveways and Longitudinal Gutters Sandstone Color SF SF 483 1 149 6u •gm 7 OS 5I,346 -7-0 v 31 StampedConcrete Truck Apron SF 1,95D loses 2or7O5'.� 32 Stamped -Concrete Slitter Island SF 742 33 Concrete and Brick Paver Crosswalk SF 944 10.6z /D, 0' 34 Brick Pavers_Sldewalk SF 6 628 16• SZ 1�4, y9�f _ 35 Brick Pavers Maln Street Driveways) SF 552 a•26 4/,Sg Sv 36 Walk of Western Stars Plaques EA 1D 37 Stabilized Decomposed Granite SF 3,520 38 Metal Edqinq LF 1090 39 Com oslte Lumbar Boardwalk SF 1,332 DRAINAGE CONSTRUCTION 40 Parkviv Drain EA 1 �36=m 4�,�30 • °'� 41 42 18" Relnforced Concrete Pipe 24" Reinforced Concrete Pie LF LF 105 107 X77• a- /7T SSS-" C2022 Newhall Roundabout C-3 Addendum I 43 36" Reinforced Concrete Pipe LF i 23 '2675 `o 6r785> 44 Junction Structure EA 3 Cr$r60 - 57>a5 ' 45 Curb Opening Catch Basin 1 Grate W=3' EA 1 Z 12'x• 2-rtc(- 46 Curb Opening Catch Basin (2 Grate. W-6.4' EA 1 Sy6•c�— 47 Curb 0 enin Catch Basin (3 Grate. W=9.9' EA 1 J3•co L(rt9b2 48 Catch Basin-Alla EA 2 7,54x• S•(17--' 49 Manhole (Pipe to Pie EA 1 L(r -;l`k:.- • °� - 50 Landscape Drain Pie _ . LF. .635 _ _ -aS,CEa . ., a� z _ pC(_o(- __... . 51 Landscape Area • -Drains-- Drains-52 p (� a 52 Iron Trench Grate EA 4 q UK AMENITIES 53 Boulders TON I 67 54 Planter Po t with DrainaeStructures EA 7 55 Tree Grates (2'x 4' EA 1 56 SandstonE Finlsh Bollards EA 44 yda 4:: 57 Metal Benches EA 5 �/� `�' S> HSv = om Wood Bench -4' Lenin Straight '6 158 59 Wood Bench - 8' Len th Straight EA 2 /(�6 �' 2,3,�V� Cz 60 Wood Bench - 8' Inslde Radius Curved EA 2 /r4114'�D 2,$32, J 61 Wood Bench =15' Outside -Radius Curved fA 62• Trash Receptacles EA 8 i/�'�-�1 9 U`!_°v _63 .TlAn-Banner Arms _EA 16,_Q9Z. ` 64 Maintenance and Repair of Installed Amenities LS 1 ° Poo 65 Site MaintenanceLS 1 'r'pa' Sig ` 66 Relocate Tire Pro's internally Illuminated Sin LS 1 67 Relocate Newhall Saddle Masonry Sign LS 1 > %per' 1�6 68 Install City Provided Bear Sculpture LS 1 si9°B'� S�%�•v° ELECTRICAL 69 New Service Pedestal, Meter, andCb Appurtenances EA 1 r 70 Trenching & Backfill for Conduit Trenches LF 1,650 71 Wire & Cable LS 1 Z�r 17Y ZIt ?6a C2022 Newhall Roundabout C-4 Addendum 72 Controller &Conductors LS 73 _LU!ga!hjtInq Misc, Electrical Structures Conduit boxes etc. LS 1 22pz(t') 74 Electrical Recaptacle on Post 120V EA 27 75 .. . . Electrical Receptacle on Post 1201240V EA 2 76 Tree U ll htin 2 Fixtures per Sycamore) EA 22 EDISON PLANS BTREET LIGHTING CONDUIT & BOXES 77 Trenchlnq & Backfill for Conduit Trenches LF 2,150 Electrical .Structures Conduit boxes eta LS 1 _..Misc. -----79—.Tem orar-Strestli hts —LS— i— IRRIGATION 80 11/2" Water Meier w/Appurtenances EA 1 81 Valve, F low MetackflDw er I & Pressure cludes Enclosure, ula or) EA 1 �i2L?. �j v?� Pr. 82 irrigation Controller w/ Enclosure and 3 Year Maintenance EA 1 8 1114" Remote Control Valve EA 19 ; '93szo 937/. sb 84 V Remote Control Valve EA 3 85 3/4" Remote Control Valve EA 86 87 2" Gate Valve Quick Coupler EA EA 3 17 88 Flush Valve EA 100 89 Controller Wire Includes pull boxes LS 1 90 Irri atlon Sleeves Class 315 PVC LF 859 91- —.2' Mainline . Sch,-4D-PLC ---= 1 112" Lateral Line Sch. 40 PVC F LF —1,460 245'3 Z l Q2 4 Z 9 93 11/4" Lateral Line Sch, 40 PVCI LF 495'' 94 1" Lateral Line Sch. 40 PVC LF 745 5-127V _Go 95 3/4" Lateral Llne Sch. 40 PVC LF 3.475 96 Tree Root Watering System EA 56 �fG-t[Y 2d�" 97 Shrub Root Watering System EA 2,723 PLANTING 98 Moisture/Root Barriers LF 1705 v C2022 Newhall Roundabout C-5 Addendum I o,�o ft.r�%l •`eve �trr/?�re� S /�.�� TOTAL BID AMOUNT IN WORDS: Esq -v de h, ole on e C2022 Newhall Roundabout C-6 Addendum I I 99 Planting Area Agronomic Soils & Compaction Tests EA 5 100 Plantin Area Soil Preparation & Amendments SF 12,100'7� 101 _ 24" Box Tree - EA 17 _ �z5 gb' ... y� y 6z 102 36" Box Tree EA 9 103 48" Box Tree EA 2 104 Shrubs 4" Pots EA 9 S;oZ- NS 05Shrubs 1 Gallon EA 1 336 i06 Shrubs 8 Gallon - EA. 1.387 7 Piantln area Flne Gradirto —SF— --12–.700 8 3" Organic Mulch(Planting Areas cY 113- 109 90 D'av Plant Maintenance and Establishment LS 1 110 Field Office Facilities for Agency Personnel LS 1 Total: o,�o ft.r�%l •`eve �trr/?�re� S /�.�� TOTAL BID AMOUNT IN WORDS: Esq -v de h, ole on e C2022 Newhall Roundabout C-6 Addendum I I BID SCHEDULE (Revised) NEWHALL ROUNDABOUT ��- 6 EG K 0 2 '+ 5 (0 pJ ity Bid No. ENG -12-13-C2022 City Project 62022 Federal Aid • STPL 5450(068) City of Santa Clarita, California SSPW0 -2012 Edition "Greenbook" Standard Specifications for Public Works; Division 26 CSI Format for Electrical Work — -= GP,-= General: Provisions, :SP ;SpectaI Provision;..(F) _Fina[?Fay-�ttem;__ (S) - Specialty Item; EA - Each; LS - Lump Sum; LF - Linear Foot; SF - Square Foot; SY- Square Yard; CY- Cubic Yard; LS • Pound . UNIT Mobilization and Demobilization (exclude Field Detour, Traffic Handling, and Construction Area - $16,380.00 $18,360.00 1 OfficeFac@6esfor Agenc Personnel) LS 1 4 Signs 2 Coordlnallon of the Plans LS" 1 $1,738.05 $1,736.05 3 Water Pollution Control Plan LS 1 $3,003.60 $3,003.60 ITRARFIC IDEMOLITION & FGRT47WCRK 7 Detour, Traffic Handling, and Construction Area - 11 LS 1 g 1a2,7ess5 $132,769.65 4 Signs LS 1 $20.64 $10,402.56 5 Sig nin Plan -LS 1 ' $12,544.00. $12,544.00 6 StrIpInP Plan LS 1 $14,236.30 $14,236.30 IDEMOLITION & FGRT47WCRK 7 Clearing, Grubbing and Removals 11 LS 1 $5,281,10 $5,281.10. 8 Unclassified Excavation CY 1 504 $20.64 $10,402.56 9 Import Borrow I CY 1 417 $4.90 $2,043.30 10 Remove Asphalt Concrete Base, Surfacing, Gutters, and Brick Pavers SF 36,297 $1.00 $36,297.00 11 P.C.C. Removals I SF 1 16,647 $1 -ODI $16,647.00 12 Cold Plane Asphalt Concrete (2") SF 2,571 $1.18 $3,033.78 13 %Remove Signal Poles, Foundations, and Appurtenances LS 1 1$10,377.05 1$1 D,377:05 14 Remove Street Lights and Appurtenances LS 1 $7,950.61 $7,950.61 C2022 Newhall Roundabout C-2 Addendum I C2o22Newhall Roundabout C-3 Addendum I LF 21 $1.00 $21.00 15 Remove Handrail 16 Remove Bauch And News a er Metal Boxes EA 4 $50.00 $200.00 17 Raise/Adjust ManholeNalve Can/Utility Box EA 4 $250.00 $i3OD0.00 EA 7 $1.00 $7,00 18 Rem0ve7reeWells PAVEMENT C WSTRUCTION $66.26 $76,012.66 19 As halt Concrete TON 881 Cy— 420 $76.79 $32,261.80 20 Crushed Agora ate Base 21 Slurry Seal ell) SY 830 $7.14 $5,926.20 ..._ ...-.. -.-. --'--22--""'—Removable'Curb-'(fo�5torm - -----_...-----...------'-.---_---_.-- Draln-'Manholef--"`—�+ `'- —'—�---- Concrete Curb &Gutter (A2-6) end Aggregate $21.44 $27,872.00 23 Base Standstone C01or LF 1,300 Concrete Curb (A3.6) & 12" Gutter and $29.93 $10,325.85 24 A gregate Base (Sandstone Color LF 345 3" Mountable Curb & 24"Gutter and Aggregate $33.75 $6,505.00 25 Base (Sandstone Color) LF 252 Concrete Curb (A1.6) and Aggregate Base $26.31 $16,548.99 26 Sandstone CDlor LF 629 r Vertical Curb and Aggregate 58ae $25.39 $4,824.10 27 Sandstone Colof. LF 190 28 Concrete Sidewalk (Sandstone Color) SF .3,540 $3.06 $10,632.40 29 Detectable Warnin Surfaces SF 463 $55.10 $26,062.30 Concrete Driveways end Longitudinal Guttem $8.87 $9,845.93 30 Sandstone Color SF 1 149 SF 1950 $14.34 $27,963.00 31 Stamped Concrete Truck Apron . Stamped Concrete Splitter Island SF 742 ._ $9.76 .. - $7,256.76 .. 33 Concrete and Brick Paver Crosswalk SF 944BIF $52.28 '- $49,352.32 "'4-- — Brick Pavers Sidewalk 35 Brick Pavers Mein Street Driveways) SF 552 $46.92 $26,699.84 EA 10 $2,046.63 $20,465.30 36 Walk of Western Stars Plaques $2.B1 $9,891.20 37 StabTzed Decomposed Granite SF 3,520 LF 1,090 $6.54 $7,128.60 38 Metal Edging SF 1,332 $42.18 $56,183.76 38 Composite Lumber Boardwalk' DRAINAGE CONSTRUCTION $8,045.00 $6,045.00 40 Par Drain EA 1 LF 105 $112.29 411,790.45 41 1 B„ Reinforced Concrete FI e LF 107 $172.67 $16,454.99 42 24” Reinforced Concrete -Pipe C2o22Newhall Roundabout C-3 Addendum I 43 LL I 36" Reinforced Concrete Pipe LF = $342.78. $7,883.94 44 JunctlonStruoture EA 3 $2,462.20 $7,446.50 45 Curb Opening Catch Basin 1 Grate, W=3') EA 1 $6,826.05 $6,626.05 46 Curb Opening Catch Basin (2 Grate, W=6.4') EA 1 $10,224.30 $10,224.30 47 Curb Coming Catch Basin (3 Grate, W=9.9') EA 1 $12,115.50 $12,115.50 48 Catch Basin -Alley Eq 2 $6,382.80 $12,765.60 49 Manhole (PIpe to Pie EA 1 $7,387.50 $7,387.50 50 Landscape Drain Pipe LF 635 $16.95 $10,763.25 Lan scapeAraa $271.17 $3,796.38 52 iron Trench Grade EA 4 $459.78. $1,839.12 AMENITIES 53 Boulders TON 57 $154.64 $11,030.88 54 Planter Potwith Drainage Structures EA 7 $1,123.35 $7,863.52 55 Tree Grates 2'x4' EA, 1 $1,709.00 $1,706.00 56 Sandstone Finish Bollards EA 44 $542.97 $28,290.68 57 Metal Benches EA 5 $3,312.52 $16,562,60 58 Wood Bench -4' Lengtn Straight EA 2 $2,289.46 $4,576.92 59 Wood Bench - 6' Len pth Strai ht E4 2 r $3,379.46 $6,758.92 60 Wood Bench - B' Inside Radius Curved EA 2 $31651.96 $7,303.92 81 Wood Bench -16' Outside Radius Curved EA 1 $5,295.88 $6,295.89 62 Trash Receptacle$ EA 8 $2,424.12 - $19,392.96 63 Twin Banner Arms EA 8 $1,612.80 $12,902.40 64 Maintenance and Repair of Installed Amenities LS 1 $500,DO $500,OD 65 Site Maintenance LS 1 $1,500.00 $1,500.00 56 Relocate Tire Pro's Internally Illuminated Sign LS 1 $6,306.11 $6,306.11 67 Relocate Newhall Saddle Masonry Sign LS 1 $2,607,39 $2,607.39 68 Install City Provided Sear Sculpture LS 1 $1,978.80 $1,978.80 ELECTRICAL 69 New Service Pedestal, Meter, and$5,040,00 Ao urtenances EA 1 $5,040.00 '70 Trenchin &Backfill for Conduit -Trenches LP I • 1,650 j • • ';3.36 . $5,544.40 71 Wire & Cable LS 1 1 1 $21,816.00 $21,616,00 C2022 Newhall Roundabout C-4 Addendum I r,. I , I EU13UN YLAIVO JO ontroller & Conductors Maintenan 1 $672.00 $S72.DD 64 trical Structures Conduit, boxEtLS LS 1 $23,744.00 $23,744.60 EE76Tree Electrical Receptacle on Post 120V A 27 $823.'26 $22,226.40 78 R0V EA 2$834.40 $21,728.00 $1,666.80 OD ghfin (2 Fxtures per Sycamore) EA 22 $616.00 $13,552.00 I , I EU13UN YLAIVO JO I REG I >_Imn urvv Maintenan 1 83 1 114" Ren 64 1" Remote Valve 85 3/4" Remo $2.24 $4,816.00 77 Trenching & Backfill for Conduit Trenches LF 2,156 $387.52 $387.52 78 Misc. Electrical structures Condulf, boxes, etc.) LS 1 $21,728.00 $21,726.00 OD $56.0.0. $5,50.0.D.0 .1. _.. $23184.00_23,1.64.00_.._. ..-$2,16272 TION 80 11/29 Water Motor wlA urtenances 1 112" Backflow (Includes Enclosure, Master 81 Valve, Flow Meter &P ressure'Regulator) I rrrinarinn controller w/ Enclosure and 3 Year 1 6868 5 Line 96 1 Tree Root C2022 Newhal I Roundabout C-5 EA LS LF LF LF 1 82 Maintenan 1 83 1 114" Ren 64 1" Remote Valve 85 3/4" Remo RE 2" Gate Va 1 6868 5 Line 96 1 Tree Root C2022 Newhal I Roundabout C-5 EA LS LF LF LF 1 $7,521.1321 $7,521.92 1 $5,912.48 $5,912.48 1 $10,690.40 $10,690,40 19 $458.16 $8,895.04 3 $403.20 $1,209.60. . 1 $387.52 $387.52 3 $31136 $934;08 17 $211.68 $3,596.56 OD $56.0.0. $5,50.0.D.0 .1. _.. $2,162.72 ..-$2,16272 59 $10.70 $9,167.86 450 —$5.19 $7,519.12 46 $6.93 $1,898.54 95 $6.76 $3,354.12 45 $6.59 $4,906.27 475 $4.96 $17,241.56 i6 $44.08 $2,468.66 723 $31.86. $86,765.57 enc $6.49 $14,475.45 Addendum 1 App CAPITAL IMPROVEMENT PROJECT AGREEMENT RECOVERY ACT Contract 1' NEWHALL ROUNDABOUT PROJECT C2022 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 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 .Inne 2011 Page I of 15 ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill'the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE V City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless Indemnitees from and against, any and all liabilities, claims. actions. causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR'S performance of or failure to perform any services under this Agreement, or by the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, committed in performing any of the services under this Agreement. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or earlier termination of this agreement. The provisions of this section do not apply to Claims occurring as a result of the City's active negligence or acts of omission. ARTICLE VI CONTRACTOR affirms that the signatures set forth hereinafter in execution of this AGREEMENT represent all individuals, firm members, partners, joint venturers, or corporate officers having principal interest herein. ARTICLE VII Nature of Relationship CONTRACTOR shall not be subject to day-to-day supervision and control by CITY employees or officials. CONTRACTOR shall perform services in accordance with the rules, regulations and Revised June 2011 Page 2 of 15 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 includin,. but not limited to, the following and as otherwise required by law. The terns 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. 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. Should CONTRACTOR. for anv reason. fail to obtain and maintain the insurance required by this Atrreement. City may obtain coverage at CONTARCTOR'S expense and deduct the cost of such insurance from pavments due to CONTRACTOR under this Agreement or terminate In the alternative. should CONTRACTOR fail to meet anv 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 insurers issuance of notice of cancellation CONTRACTOR must ensure that there is no lapse in coverage Such General, Public and Professional liability, and property damage insurance shall be maintained in full force and effect throughout the term of the AGREEMENT and any extension thereof in the amount indicated above or the following minimum limits: Revised June 2011 - Paee 3 of 15 A combined single limit liability policy in the amount of $2,000.000 or a commercial general liability policy with a $2,000,000 occurrence limit and a $4,000,000 aggregate limit will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and, shall name the City of Santa Clarita as additional insured. A Certificate of Insurance and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City's Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the CONTRACTOR may be held responsible for the payment of damages to persons or property resulting from the CONTRACTOR's activities or the activities of any person or persons for which the CONTRACTOR is otherwise responsible. 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 Coveraee 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 June 2011. Page 4 of 15 ARTICLEIX 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. 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. Severabilit In the event that any one or more of the provisions contained in this AGREEMENT shall for an), reason be held to be unenforceable in any respect by a court of competentjurisdiction, such holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be construed as if such unenforceable provisions are not a part hereof. Governing Law This AGREEMENT shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Revised June 2011 Pave 5 oC 15 Compliance with Law CONTRACTOR shall comply with all applicable laws, ordinances. codes, and regulations of the federal. state. and local government, including City's Labor Compliance Program (LCP). CONTRACTOR shall comply with all aspects of the National Pollutant Discharge Elimination System (NPDES) in order to prevent pollution to local waterways. Failure to implement NPDES Requirements shall result in project delays through .City issued Stop Work Notices and/or fines levied against the CONTRACTOR. Conflict of Interest CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. Prevailing Wases 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.eov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at thejob site. This contract is subject to both federal and state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, the Davis -Bacon and Related Acts and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. if there is a difference between the federal and state wage rates. the Contract and its subcontractors shall pay not less than the higher wage rate. Contractor shall further adhere to the requirements contained in the City's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent federal and State of California statues and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally. the Contractor is responsible for obtaining a current edition of all applicable federal and State of California statues and regulations and adhering to the latest editions of such. 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 Revised June 2011 Page 6 of 15 includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Federal Prevailine Wages The work being done pursuant to this Contract is paid for in part by the United States of America. Therefore, pursuant to the provisions applicable to such federal assistance. Contractor acknowledges and agrees that the services, construction. and maintenance pursuant to this Contract is, or may become, subject to certain federal laws and regulations, including, but not limited to, provisions of the Davis -Bacon Act, and particularly 29 Code of Federal Regulations Section 5.5 in part as follows: (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2.000 which is entered into for the actual construction. alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from federal funds or in accordance with guarantees of a federal agency or financed from funds obtained by pledge of any contract of a federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Section 5.1. the following clauses (or an), modifications thereof to meet the particular needs of the agency provided that such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof', regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(])(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Section 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis - Revised June 2011 Page 7 of IS Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics. including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry: and (3) The proposed wage rate, including any bona fide fringe benefits. bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator. or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions; including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator. or an authorized representative, will issue a determination within 30 days of receipt and so advice the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(] )(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or Revised June 2011 Paee 8 of 15 working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the CITY may. after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating- thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(I )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CPR Part 5. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (federal stock number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CFR Part 5 and that such information is correct and complete: (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned. other than permissible deductions as set forth in Regulations 29 CFR Part 3: (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal Revised June 2011 Nee 9 of 1 prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the CITY or Department of Labor, and shall permit such representatives to interview employees during working hours on thejob. If the contractor or subcontractor fails to submit the required records or to make them available, the CITY may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debannent action pursuant to 29 CFR 5.12. (4) Apprentices and trainees --(i) Apprentices. Apprentices will be pennitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is emploved in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on thejob site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joume_yman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on thejob site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the Revised June 2011 Page 10 of 15 4 rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the jourrtevman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits. trainees shall be paid the full amount of fringe benefits listed on the wage detennination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the correspondingjoumeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,_ any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wake rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program. the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 1 1246, as amended. and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (type in the name of the federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts I. 3. and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6. and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or Revised June 2011 Page I I al' 15 fine ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(I ). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Section 5.5(a) or 4.6 of Part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. (3) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(I ) through (4) of this section. ARTICLE Xl Buy American Rule Contractor agrees to comply with all the requirements of Section 1605 of the Recovery Act of 2009 including, but not limited to. the following provision of Section 1605: "None of the funds appropriated or otherwise made available by this Act may be used for a project for construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States." Contractor is directed to Exhibit "A" to this AGREEMENT which provides additional information regarding the Buy American Rule. In the event there are any errors or omissions by Revised June 2011 Page 12 of 15 H the Contractor in complying with this Article which causes any loss of funding to the City for the project which is the subject of this AGREEMENT. the Contractor is obligated to reimburse the City for any such loss of funding from all available sources includin,,. but not limited to. the Performance Bond, offsets by the City from any payments otherwise due to the Contractor under this AGREEMENT and any other funds or assets of the Contractor. ARTICLE X11 Reporting Obligations under Recovery Act of 2009 In addition to all other reporting requirements of the Contractor set forth in this AGREEMENT. Contractor agrees to comply with the additional reporting requirements of "vendors" pursuant to Section 1512 of the American Recovery and Reinvestment Act of 2009. Information required of "vendors" includes the following: Monies spent on goods and/or services; 2. Name of vendor(s) with who said monies are spent; I Type of goods and/or services said money was spent; 4. Purpose for which said monies were spent; 5. DUNS number of Contractor (if obtained); 6. DUNS numbers of subsequent sub -contractors and/or vendors with whom goods and/or services are purchased by Contractor (if obtained); 7. Zip+4 of Contractor's headquarters; 8. Zip+4 of subsequent sub -contractors' and/or vendors` headquarters with whom goods and/or services are purchased by Contractor; 9. Number of weekly hours worked by each Contractor employee and Sub -contractor employee who either retained their job status as a result of the project subject to this AGREEMENT, or was hired specifically to fulfill the requirements of the project subject to this AGREEMENT. The above information shall be reported in writing directly to the City throughout the duration of the project subject to this AGREEMENT, cumulatively, on a quarterly basis beginning October I. 2009 and thereafter on January 1, 2010; April 1, 2010; July 1, 2010; October I, 2010; January I, 201 I; April 1, 2011; July 1, 2011; October I, 2011 and so on. On each of these dates. the information must be reported to the City no later than Spm. If any of these dates falls on a Revised lune 2011 Page 13 of 15 weekend or holiday, the information must be reported to the City by 5pm on the business day before weekend or holiday. Timely submission of this information to the City is critical as the City has reporting obligations under the American Recovery and Reinvestment Act of 2009 and the City needs this information to fulfill the City's reporting obligations to the federal government. The above information may be reported to the City by completing Exhibit B attached hereto in hard copy or electronically via email to: Casey Bingham City of Santa Clarita 23920 Valencia Blvd.. Suite 300 Santa Clarita. CA 91355 Email: cbingham@santa-clarita.com Fax: 661-259-8125 In the event the Contractor fails to timely and accurately report the above information to the City which failure causes any loss of funding to the City for the project which is subject to this AGREEMENT; the Contractor is obligated to reimburse the City for any such loss of funding from all available sources including, but not limited to, the Performance Bond, offsets by the City from any payments otherwise due to the Contractor under this AGREEMENT and any other funds or assets of the Contractor. If the Contractor has any questions about the above reporting obligations, then the Contractor is encouraged to contact Casey Bingham at 661-255-4902 (Phone) or cbingham@santa-clarita.com (Email). In addition; the Contractor may obtain information about the reporting obligations on line from the helpdesk staff of the Office of Management and Budget at www. Federal Reporting. gov website. Revised June 2011 Page 14 of 15 The parties hereto for themselves, their heirs. executors. administrators, successors, and assigns do hereby aeree 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 R Fax No. AEE SIGNATURES NH1ST BE Signed By: WITNESSED Bl" NOTARY (ATTACH JURATS) Print Name R Title: 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 .lune 2011 Date: Date: Date: Page 15 uf15