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Home My WebLink About2013-07-09 - AGENDA REPORTS - OVERLAY SLURRY PROJ M0090 (2)Agenda Item: 6 r Y 1►YIUC . ZK O-11WO WAIR61i0E-1 AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: DATE: July 9, 2013 SUBJECT: 2012-13 OVERLAY AND SLURRY SEAL PROGRAM, PROJECT M0090 - AWARD CONSTRUCTION CONTRACT DEPARTMENT: Public Works RECOMMENDED ACTION City Council: 1. Approve the.plans and specifications for the 2012-13 Overlay and Slurry Seal Program, Project M0090. 2. Award the construction contract to Toro Enterprises, Inc., in the amount of $3,892,037 and authorize a contingency in the amount of $389,204 for a total contract amount not to exceed $4,281,241. 3. Authorize an expenditure in the amount of $109,000 to Twining, Inc., for a professional services contract to provide for project inspection and materials testing. 4. Authorize an expenditure in the amount of $30,000 to Pavement Engineering Inc. for a professional services contract to provide for project design support services. Authorize the continued appropriation of $14,054 of project savings in Transportation Development Act (TDA) Article 8 funds in expenditure account M0077233-5161.001 from Fiscal Year 2012-13 to Fiscal Year 2013-14 and transfer $14,054 from expenditure account M0077233-5161.001 to expenditure account M0090233-5161.001. 6. Authorize the continued appropriation of $37,579 of project savings in Gas Tax funds in expenditure account M0077230-5161.001 from Fiscal Year 2012-13 to Fiscal Year 2013-14 and transfer $37,579 from expenditure account M0077230-5161.001 to expenditure account M0090230-5161.001. APPROWED Authorize the continued appropriation of $3,667,978 in TDA Article 8 funds in expenditure account M0090233-5161.001 from Fiscal Year 2012-13 to Fiscal Year 2013-14. 8. Authorize the transfer of $731,363 in TDA Article 8 funds from account M0097233-5161.001 to expenditure account M0090233-5161.001. 9. Authorize the City Manager or designee to execute all necessary documents subject to the approval of the City Attorney. 10. 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 Annual Overlay and Slurry Seal Program project is an integral part of the City of Santa Clarita's (City) pavement management program. Each year, streets are evaluated and identified for their need of rehabilitation or maintenance treatments. The 2012-13 project will provide asphalt overlay and slurry seal treatments in various areas of the City (see attached project streets list). These treatments will provide a smoother ride for traffic and enhance the appearance of the roadways and surrounding areas. This year's project is scheduled to begin construction in July and be completed by the end of December. An invitation to bid was published three times: May 19, May 22, and May 26, 2013, and noticed on the City's website. Plans and specifications were also sent to area plan rooms. Seven bids were submitted to the City and opened by Purchasing on June 12, 2013. The results of the bids are shown below: Company Toro Enterprises, Inc. Palp, Inc., DBA Excel Paving Company C.A. Rasmussen Inc. All American Asphalt Sully -Miller Contracting Co. Granite Construction Griffith Company, Inc. Location Bid Amount Oxnard, CA $3,892,036.87 Long Beach, CA $3,951,824.26 Valencia, CA $3,989,776.05 Corona, CA $4,125,000.00 Brea, CA $4,134,499.65 Watsonville, CA $4,181,943.25 Rancho Cucamonga, CA $5,184,274.00 The basis for awarding this contract is the base bid plus the alternates. The City reserves the right to award the base bid and any of the alternates at the City's discretion. The bid results shown above include all of the Additive Alternates 1 and 2, which includes residential streets in Newhall and Saugus. Staff recommends awarding the base bid and Additive Alternates 1 and 2. Upon review of the bids, staff recommends awarding the construction contract to the lowest responsive bidder, Toro Enterprises, Inc., which possesses a state contractor's license and is in IA good standing with the Contractors State License Board. The bid from Toro Enterprises, Inc., was reviewed for accuracy and conformance to the contract documents and found to be complete. The construction contingency requested will cover the cost for unforeseen site conditions, such as potential utility conflicts, abandoned utilities not shown in record drawings, change order requests made by the contractor, and change orders for additional street paving ordered by the City. To ensure efficient and proper procedures in construction inspection and materials testing, costs for services were anticipated and identified in the original budget. A request for proposal was sent to several consultants. Upon reviewing the consultants' proposals, staff recommends awarding the construction inspection and materials testing services contract to Twining, Inc., in an amount not to exceed $109,000. Twining, Inc., has worked with the City on past projects and demonstrated competent and timely services. Pavement Engineering Inc., is the City's design consultant for this project. To facilitate possible change orders during the construction phase of this project, staff recommends retaining the design support services of Pavement Engineering Inc. in the amount of $30,000. 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 State 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 awarding public works contracts, the City is not permitted to award to the second lowest bidderjust because they are local, as the State Public Contract Code does not allow the City to recognize them as the "lowest responsive bidder." In the past two years, the City has annexed several areas. The new streets were inspected and added to the City's pavement management system. As a result of these latest annexations, 97 new lane miles were added to the City. The City is now responsible for the maintenance of 1,096 lane miles. Annexed areas may now be included in future overlay efforts. A budget of $105,733 is available for survey services and staff oversight related to construction and project management, including public works inspection, labor compliance services, and clerical support. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT TDA Article 8 funds in the amount of $75,000 are currently appropriated in expenditure account M0090233-5161.001. The requested continued appropriation of $3,667,978 in TDA Article 8 F funds (Fund 233) along with the requested continued appropriation and transfers of project savings of $37,579 in Gas Tax funds (Fund 230) and $14,054 in TDA Article 8 funds from Project M0077 to M0090, and the transfer of $731,363 in TDA Article 8 funds from Project M0097 to M0090 creates a total project budget of $4,525,974. These funds will provide for the construction contract of $4,281,241, the professional services contract of $109,000, the design support services contract of $30,000, and allow for expenditures of $105,733 for survey services and staff oversight related to construction and project management, including public works inspection, labor compliance services, and clerical support. ATTACHMENTS Streets List, Project M0090 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 G; CITY OF SANTA CLARITA 2012-13 ANNUAL OVERLAY AND SLURRY SEAL PROJECT CITY PROJECT NO. M0090 BID NO. ENG -12-13-M0090 PROJECT STREET LIST LOCATION FROM TO ARTERIALS CALGROVE BLVD WILEY CANYON RD EAST END CANYON COUNTRY ABDALE ST FRIENDLY VALLEY PY FAIRGATE AV ANNE FREDA ST EAGLE PEAK AV SOLEDAD CANYON RD BEACHGROVE CT ABDALE ST 522 FT EAST OF ABDALE ST BRONCO DR LIVE OAK SPRINGS CANYON RD 1920 FT EAST OF CLEARLAKE DR CEDARFORT DR CLEARLAKE DR 499 FT EAST OF CLEARLAKE DR CHUCKWAGON PL SOUTH END SADDLEBACK RD CIRCLE G DR CONDOR RIDGE RD LIVE OAK SPGS CYN RD CLEARLAKE DR LIVE OAK SPRINGS CANYON RD EAST END DEEP CREEK DR SOLEDAD CANYON RD ANNE FREDA ST DEER CREEK LN SOUTH END WARM SPRINGS LN EAGLE PEAK AV SARITA AV ANNE FREDA ST EAGLEHELM DR 789 FT SOUTH OF LIVE OAK SPRINGS CANYON RD LIVE OAK SPGS CYN RD FALCON RIM DR WEST END CIRCLE G DR _ FRIENDLY VALLEY PY END SIERRA HWY GREEN MOUNTAIN DR GOLDEN VALLEY RD FRIENDLY VALLEY PY MAPLEBAY CT ABDALE ST 588 FT EAST OF ABDALE ST MISS GRACE DR WINTERDALE DR 721 FT WEST OF WINTERDALE DR OAKFLAT CT FRIENDLY VALLEY PY 265 NORTH OF FRIENDLY VALLEY PY SADDLEBACK RD LIVE OAK SPRINGS CANYON RD CONDOR RIDGE RD SADDLEBACK RD CONDOR RIDGE RD CHUCKWAGON PL SADDLEBACK RD CHUCKWAGON PL 720 FT EAST OF CHUCKWAGON PL SAND CANYON RD FTG 477 FT NORTH OF WARM SPRINGS DR N 1084 FT SOUTH OF WARM SPRINGS DR SIERRA ESTATE DR 940 FT WEST OF FRIENDLY VALLEY PY FRIENDLY VALLEY PY VALLEY WELLS CT GREEN MOUNTAIN DR 141 FT NORTH OF GREEN MOUNTAIN DR WARMSPRINGS DR SAND CANYON RD 510 FT EAST OF DEER CREEK LN WINTERDALE DR DEEP CREEK DR 121 FT SOUTH OF BAINBURY ST �i LOCATION FROM TO NEWHALL 8TH ST 323 FT SOUTH OF WAYMAN ST NEWHALL AVE 12TH ARCH STREET PLACERITOS BL 13TH RAILROAD AVENUE ARCH STREET ARCH STREET 13TH 12TH BELLA CT DARCY LN 403 FT NORTH OF DARCY LN BRECKENRIDGE PL 692 FT SOUTH OF WAYMAN ST WAYMAN ST BRIARDALE WY 883 FT SOUTH OF MENTRY DR MENTRY DR BROOK CT 127 FT SOUTH OF CRESTVIEW DR CRESTVIEW DR CARY CT DARCY LN 392 FT NORTH OF DARCY LN CLEARBANK LN SOUTH END CREEKSIDE DR CLOVERDALE CT SKYRIDGE DR 235 FT EAST OF SKYRIDGE DR CREEKSIDE DR BRIARDALE WY CALGROVE BL CRESTVIEW DR GLENRIDGE DR SKYRIDGE DR DARCY LN 219 WEST OF BELLA CT CREEKSIDE DR DEPUTY JAKE DR VALLEY DEL ORO END HADEN CT WAYMAN ST 174 FT NORTH OF WAYMAN ST KIRSCH CT DEPUTY JAKE DR WEST END LOLA LN 456 FT SOUTH OF WAYMAN ST WAYMAN ST MATTHEW PL DEPUTY JAKE DR WEST END MENTRY DR BRIARDALE WY CALGROVE BL OAK CIRCLE CT WEST END OAKRIVER LN OAK FOREST OAKHURST DR SOUTH END OAK RIVER OAK LEAF CANYON SOUTH END OAKHURST DR DOCKWEILDER DR OAK RIVER LN OAKLEAF SOUTH END OAKHURST DR OAKVIEW LN NORTH END OAKLEAF CANYON DR QUIGLEY CANYON RD PLACERITA CANYON RD PLACERITOS BL RED OAK NORTH END OAK RIVER SAGEBRUSH WY SOUTH END CRESTVIEW DR SKYRIDGE DR 246 FT SOUTH OF CLOVERDALE CT GATE STILLWATER PL SKYRIDGE DR 348 FT NORTH OF SKYRIDGE DR Ira LOCATION FROM TO NEWHALL CONTINUED THISTLE CT CRESTVIEW DR 139 FT NORTH OF CRESTVIEW DR WAYMAN ST 8TH ST LYONS AVE WINDCREST PL SKYRIDGE DR 399 FT EAST OF SKYRIDGE DR SAUGUS 9 ALAYA DR GARZA DR 285 FT EAST OF GARZA DR ARRIOLA AV ALAMOGORDO RD CACERAS ST _ BARADA AV ALAMOGORDO RD CACERAS ST BARBACOA DR GARZA DR 1526 FT SOUTH OF GARZOTA DR BARBACOA PL 350 FT SOUTH OF BARBACOA DR BARBACOA DR CANON ES CR GARZA DR CANONES PL CANONES PL CANONES CR 170 FT EAST OF CANONES CR CANSO LN BARBACOA DR CANONES CR DULCE LN BARBACOA DR GARZA DR EMPINO LN GARZA DR CATALA AV GARZA DR ALAMOGORDO RD 903 FT NORTH OF ALAMOGORDO RD GRANO AV ALAMOGORDO RD BANUELO AV MECATE DR GRANO AV 150 FT EAST OF GRANO AV VALENCIA ALBERTO CT EL PASEO DR 312 FT NORTH OF EL PASEO DR ALEJANDRO DR 300 FT SOUTH OF EL PASEO DR 362 FT NORTH OF EL PASEO DR AMABLE CT 458 FT SOUTH OF EL PASEO DR EL PASEO DR BALERIA CT 438 FT SOUTH OF EL PASEO DR EL PASEO DR BELLA SANTA DR 335 FT SOUTH OF EL PASEO DR 402 FT NORTH OF EL PASEO DR BENITO CT DEL MONTE DR 135 FT SOUTH OF DEL MONTE DR CABEZO CT 225 FT WEST OF ALEJANDRO DR ALEJANDRO DR CAPISTRANO CT EL PASEO DR 407 FT EAST OF EL PASEO DR COLUMBIA CT EL PASEO DR 440 FT EAST OF EL PASEO DR GALVEZ CT DEL MONTE DR 360 FT NORTH OF DEL MONTE DR GAUCHO CT MAGDALENA DR 361 FT EAST OF MAGDALENA DR HUERTA DR 240 FT SOUTH OF DEL MONTE DR 416 FT NORTH OF DEL MONTE DR LA VITA CT 277 FT SOUTH OF DEL MONTE DR DEL MONTE DR LOCATION FROM TO VAI FNCIA CONTINUED LAGUNA CT 371 FT SOUTH OF EL PASEO DR EL PASEO DR LAS LANAS CT 272 FT SOUTH OF DEL MONTE DR DEL MONTE DR MAGDALENA DR DEL MONTE DR 581 FT NORTH OF DEL MONTE DR MANZANO CT TIERRA DR 541 FT NORTH OF TIERRA DR MONTOLLA LN 100 FT SOUTH OF VIA TURINA DEL MONTE DR PALOMITA DR ESTABAN DR SOUTH END PASALA CT EL PASEO DR 230 FT NORTH OF EL PASEO DR SABADO CT 272 FT SOUTH OF DEL MONTE DR DEL MONTE DR SIVAL CT 153 FT SOUTH OF DEL MONTE DR DEL MONTE DR SOMBRAS CT TIERRA DR 700 FT NORTH OF TIERRA DR TAMPICO DR 382 FT SOUTH OF EL PASEO DR 455 FT NORTH OF EL PASEO DR TIERRA OR EL PASEO DR NORTH END VIA CATALINA EL PASEO DR SOUTH END VIA RAZA 272 FT SOUTH OF S/DEL MONTE DR DEL MONTE DR VIA ROSA LINDA EL PASEO DR 540 FT NORTH OF EL PASEO DR VIA TURINA 274 FT WEST OF MONTOLLA LN MONTOLLA LN VIENTO CT DEL MONTE DR 442 FT NORTH OF DEL MONTE DR TE NO. 1 I VALLE DEL ORO I NEWHALL AVE 1140 FT NORTH OF COSTA BRAVA J CAI If:I1R Q Al TFRNATF NO. 2 CHERAW DR GARZA DR CATALA AV MELODI LN 750 FT SOUTH CATALA AV CATALA AV ONLEE AV CATALA AV CATALA AV A r THIS.DOCUMENT TO BE SUBMITTED WITH BID End of Addendum N10090 Addendum, 1— 2012-12 Overlay program SECTION C:., PROPOSAL FOR 2012-13 Overlay and Slurry Seal Program :.Bid No. ENG -12-13-M0090 Project No. M0090. . TO THE CITY OF SANTA CLARITA, AS AGENCY: In accordance with AGENCY's NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor,: and incidentals .required for the above -stated project as set forth, in the plans, specifications, and contract documents therefore, and to perform altworkin,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 at[ other contract documents. ;If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the .following BID SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time. prescribed will result in. forfeiture to AGENCY of the proposal, guaranteeaccompanying this proposal. BIDDER understands that. a bid is required for the entire work,' that the estimated quantities set forth in BID SCHEDULE are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the.actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE;RIGHT.TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE. ANY ITEM FROM . THE CONTRACT. It is agreed that the unit and/or lump sum prices: bid include all appurtenant expenses; taxes,.; royalties, and fees. -In the:.case of discrepancies in.the amounts bid, unit prices shall govern over extended:amounts,. and words shall govern over figures:' I 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:. Company Name:TOYiD �hflt t� t( S CS /✓1'C Company Address: SIO1 E V4nduvQ4 OIVC( Oy_viawd <A 930310 By; SQA t 10 Print Name, Title: Qt QSId Signature: " Date: ,1ity o {2013 BID SCHEDULE 2012-13 ANNUAL OVERLAY & SLURRY SEAL PROGRAM Bid No. ENG -12-13-M0090 Project No. M0090 BIDDER: Toro Enterprises. Inc. . BASE BID -VARIOUS STREETS. ITEM NO. ... BID ITEMS TOTAL ONTY UNIT PAY REF.' UNIT PRICE *TOTAL COST 1 Mobilization, Bonds &'Insurance 1 LS F2-1 J6'i,066.- 1041P6().- 2 Traffic Control :. 1 LS F2-2.7' : ani Q00,.' g$, (J00.'- 3 Storm Water Pollution Control Pr.ograni 1 LS E7-8.6.4 11,000.°0 1q,060.� 4 Crack Seal & Slurry Seal (Type II) 265 ELT F24.4 3y0 •'° . 40, to 6. 5 AC D2PG64-10 5,312 TON F2-7.4 00 'kkjkv,Zob,- 6 `.'Thin Maintenance Overlay (TMO). 7,573 TON F2=8.4. ,(66.°° _iS ,300•- 7. ARHMPG64-16 18,547 TON F279.4, S1.0o I,(0%,6S3.00 8.' Cold Plane,1-3/4° . 23,470 SF, F2-10.6. .t) Zy . 5'U32-90. . .9 Cold Plane 2" 72,791 SF F2-10.6'.' 0. Z6. 14 $92; 10 Keycut Al 87,651 LF F2=10.6 p •9° "i BEG. q0 11. Keycut A2' 48,349 LF, F2-10.6�.mS 3Z,$.i9•.3? 12 Keycut A3: 7,936. LF F2-10.6 'L. 5 I3 �. q o . 13 Keycut B1 1,396 -LF F2-10.6 14 Keycut B2 1,761 LF F2-10.6 5 , oo- 15 Keycut B3 .:' 126 LF F2-10.6..` 20.eo 2,524.E 16 .. Cold Plane and Replace 2° AC 0 SF. F2-11.4 17 Cold Plane and Replace 4-1/2" AC' 0 SF .: F2-11.4 '£'a. 18, Digout or Remove and Replace 4" AC . 42,353 SF 172-11.4 3. 19 Digout or Remove and Replace 6" AC 9,048 SF F2-11.4.. 3, 3S 30, 3lI .' 20' 'Remove 5-3/4"and Replace 4"AC 1,100 SF F2-11.4..3;.is. 3,53Sr , 21 ,RemoveTreeRootsBelowAC/PCC Re airs 11189 SF F2-12.3 :22. Trim Vegetation Along Edge of Road 11700 LF F2-13.3. 3, eaS Z65.• 23' Shoulder Backing 8,694 LF' . F2-14.4 it, o 24 Adjust Manhole Covers to Finish Grade 305 EA.. F2-15.3. 2SS.-O SIR, R25 9° 25 .Adjust Utility Cover/ Vault / Well to Finish Grade' 12 EA '. F2-.15.3 I,Dsi7:• 00 1,2 (g00.- 26 ., Adjust.Survey Monument Cover to Finish - Grade 11 EA: F2-15.3 ZS - - - - 27_:' e -- -- - --- - -Lower Manhole Covers --- 4- - --EA- --F2=T5:3--- 28 Lower Water / Gas Valve Covers 15 . EA F2-15.3 -7700. o0 3, ODO C 2e BASE BID - VARIOUS STREETS ITEM NO, BID ITEMS TOTAL ONTY UNIT PAY REF. UNIT, PRICE *.TOTAL -COST 29 Remove and Replace Loop Detectors 15 EA F2-16.4 5b6. °O : 5-00 .- . 30' Install Blue RPM's @ Fire Hydrant 132. EA F2-17:4:. ) D ,'S° . 31 12" White Crosswalk / Limit Line (Thermo) 946 LF F2-17.4. 3. IS 2, , 32 White Continental Crosswalk (Thermo) 0 EA 'F2-17.4 33 Yellow Continental Crosswalk (Thermo) 11 EA F2-17.4 315,eOq 3..c�'LpS.-. 34 Striping Detail # 2 (Thermo) 655 EA F2-17.4 52q;. ' 35. Striping Detail # 21 (Thermo) 1,040 EA F2-17.4 \ . 6� 1$6q2 . ^ 36 : Striping Detail # 22 (Thermo) 5,193 EA :. F2-17.4 37 Striping Detail # 23 (Thermo arid Markers) :. 425 EA F2717.4. 38 Striping Detail # 24 (Thermo), 1;444' LF F2-17.4 �.:p5 1 ;51La 39 Striping Detail # 27B _(Markers) 2,576 LF F2-17`.4. �,'. 2,,-:.tO4 . $o 40. Striping Detail # 29 (Thermo and Markers) 33 LF' F2=17:4 2; toy 41' Striping Detail # 31 (Thermo) 265 LF F2-17.4 2. �O SSIa.• S° 42 Striping Detail # 32 (Thermo. and Markers),. 1,560 LF F2-17.4 2!.U5 i\ X34,-,. 43 Striping Detail # 38 (Markers) 510 LF .F2-17.4 44, Striping Detail # 38A and 8"Line (Thermo): 750. LF F2-17.4 (_'{S gl�Z ; 45 Striping Detail # 38B (Thermo and Markers) ' 1,215 LF F2-17:4 46 Striping Detail # 38C (Thermo) 255 LF F2-17.4 1.59 345 , 25 47 Striping Detail # 39 (Markers) 41,830. LF F2-17.4 ' Q 48 Striping Detail #41.(Thermo) .. 902. - LF F2=17.4. \ ; dS 1 p �, W 49 "STOP" Legend (Thermo) 31 EA F2-17.4 1!5,5 , °� rj X35 •-7 50 "XING" Legend (Thermo) 4 ` EA ' . F2-17.4 155, °fl CO20 . -. 51 .'SLOW" Legend (Thermo) .' 3 EA'.'. F2>17.4. 1555.0 52. "SCHOOL"Legend (Thermo) 4 EA .172-17.4 _2LO.4O 53 "25" Legend (Thermo) ' 2 EA F2-1 T4 ICS ," 210: 54 Railroad Crossing Legend(Thermo). 1 EA F2:17:4 55 Bike Group Legend (Thermo) 13 EA F2-17.4 56 Arrow Type IV L / R (Thermo) . 43 EA. F2-17.4 Q� , SA 40 57 Arrow Type VII L / R (Thermo) 1 EA F2-17.4 TOTAL BASE BID TOTAL AMOUNT IN FIGURES: � �; l�� l srbp, (04 ----_-.-------------------6tuv_ait4gSevant-y_fow-. BASE BID TOTAL AMOUNT IN WORDS:.-rv4 V V„A4d doh do arui Sift se h cam *NOTE: In case of error in extension of price into the total price column, the unit price will govern. C -2b BID SCHEDULE 2012-13 ANNUAL OVERLAY &'SLURRY SEAL PROGRAM Bid No: ENG -12=13-M0090 Project No. M0090 BIDDER: Torb Enter I'ID S2S', Inc. ADD ALTERNATE N0. 1 - NEIGHBORHOOD N12 (VALLE DE ORO) ITEM NO. BID ITEMS TOTAL QNTY . UNIT PAY REF.... UNIT PRICE •TOTAL COST . 1 Mobilization, Bonds & Insurance .. 1 LS F2-1 3,SD0:- . 3, Sr6 - . .2 Traffic Control: �: 1 LS F2-2.7. 3 Storm Water Pollution Control Program 1 LS E7-8.6.4 j pD0 - 1 GGO ,- .4 Crack Seal & Slurry Seal (Type II) .p ELT F2-4:4 5 AC D2 :PG64=10 TON F2-7.4 E. 6 Thin Maintenance Overlay (THIO) p TON F2`&4 7 ARHM PG54-16. pTON F2-9.4. 8 Cold Plane 1-314" p SF F210.6 9 Gold Plane 2" p SF F2-10.6 10 . Keycut Al p LF I.. F2-10.6 11 Keycut A2 p LF F2-10.6 - 12 Keycut A3 p . LF 172-10.6 13. Keycut B10 LF F2-10.6 "= v 14 Keycut B2 p LF F2-10.6 _ 71 15 Keycut.B3 p' LF F2-10.6 h Y 16 Cold Plane and Replace 2" AC 3,520 SF F2-1.1..4'- 17 Cold. Plane and Replace 4-1/2" AC 25,300 SF F2-11.4 . 2. $� . O lb`(0.- 18 Digout or Remove and Replace 4" AC 0 SF F2711.4 -- 19. Digout or Remove and Replace 6" AC p SF F2-11.4 - 20 Remove 5-3/4" and Replace 4" AC p SF' F2=11:4. --- . -- 21 Remove Tree Roots Below AC/PCC Repairs p SF, F2-12:3 -- -- 22 Trim Vegetation Along Edge of Road p LF -- 23 Shoulder Backing, p .' LF F2-14.4 24 Adjust Manhole Covers to Finish Grade „g EA F2=15.3 25 Adjust' Utility Cover / Vault / Well to Finish Grade 1 EA F2-15:3 ` ti050, oo 26 Adjust Survey Monument Cover to Finish Grade 0. EA F2-15.3 . --27- Lower Manhole Covers--'- --- - p -EA --F2-15-3--. - 28 Lower Water / Gas Valve Covers p EA I F2-15.3 --- --- C-2c ADD ALTERNATE NO. 1 - NEIGHBORHOOD N12 (VALLE DE ORO) ITEM NO. BID ITEMS TOTAL ONTY UNIT PAY REF. UNIT, PRICE `TOTAL COST 29 Remove and Replace Loop Detectors: 4 EA F2-16.4 5q!j.m 30 Install Blue RPM'S @ Fire Hydrant 3' EA F2-17.4 fib. S4 31 12" White Crosswalk / Limit Line (Thermo)27 LF " F2-17.4 .' . 3, �S. $5. os 32 White Continental Crosswalk (Thermo) 1 `. EA F2-17.4 k5. CO '✓' t5. - 33 Yellow Continental Crosswalk (Thermo) 0 EA F2=17.4 34, Striping Detail # 2 (Thermo) p. EA F2-17.4 -- --- 35 Striping Detail # 21 (Thermo) 0 EA F2-17.4 - 36 Striping Detail # 22 (Thermo) p EA F2-17.4 37 -. Striping Detail # 23 (Thermo and Markers)890 .. EA 172-17.4 1 .55 . 1 38 Striping Detail # 24 (Thermo) 0 LF F2-17.4 - 39, Striping Detail.# 27B (Markers). 0 .' LF F2-17.4 40 Striping Detail # 29 (Thermo and Markers) p LF F2-17.4 41' . _ Striping Detail # 31(Thermo)'LF P 9 0 F2-17.4 ter:,a w 42 < .Striping Detail #.32 (Thermo and Markers) p LF F2-17:4 rzea��z 43.. Striping Detail #38 (Markers) .. p ., LF F2-17.4 44 Striping Detail # 38A and 8" Line (Thermo) 0: LF F2-17.4 _ 45 Striping,Detail.# 388 (Thermo and Markers) p LF F2717.4 - 46 Striping Detail # 38C (Thermo) 105 LF F2-17.4. ,�5 1 to -2- p247 47 Striping Detail # 39 LF 2-17.4 - v 48 Striping Detail #41 (Thermo)0 : LF. F2-17.4 49 ;STOP" Legend (Thermo) p. EA F2-17.4 S 50. "RING" Legend (Thermo), 0 EA F2-17.4. - 51. . "SLOW".Legend (Thermo) 0 .. EA. F2-17:4 -- 52 "SCHOOL" Legend (Thermo) 0. EA F2-17.4 .. - 53 "25" Legend (Thermo) .p' . EA ' F2-17.4 54 Railroad Crossing Legend (Thermo) .. 0. EA F2-17.4 --- 55 Bike Group Legend (Thermo) 0. EA F2-17.4 --- -- 56 Arrow Type IV L / R:(Thermo) 2 EA . F2-17.4 57. " Arrow Type VII L7 R (Thermo) 0 EAF2-17.4 TQTAl ALTERNATE NO. 1 TOTAL AMOUNT IN FIGURES: # 9 183. SO - -- nrnvFy-tme t4wl !-ani havowk ekj"-1 ALTERNATE NO'. 1. TOTAL AMOUNT IN WORDS:_ detlout and ' h `NOTE: In case of error.in extension of price into the total price column, the unit price will govern. C -2d . BID SCHEDULE 2012-13 ANNUAL OVERLAY & SLURRY SEAL PROGRAM Bid No. ENG42-13-M0090 Project.No. M0090 i BIDDER: , Toro Enterprises..lnc. ADD ALTERNATE NO. 2.- NEIGHBORHOOD S9 VARIOUS. STREETS ITEM NO.. BID ITEMS TOTAL QNTY UNIT.., PAY . REF..PRIG UNIT o 'TOTAL COST " 1 Mobilization, Bonds &' Insurance . 1, LS" F2-1 ^' r 2 Traffic Control. .1 LS F2 -2,V Vgg oO`so. r 3 Storm Water Pollution Control Program". 1. LS E7-8.6.4 4' Crack Seal & Slurry Seal (Type II), p ELT : F2 4.4 . .z.'. x 5 AC M PG64-10 227 TON. 172-7.4 6 Thin Maintenance Overlay (TMO)182 TO F2-8.4 01;°0 18, 3$Z; 7 ARHM PG64716. 767 TON F2-9.4 . �_b; wo." 8Cold Planed -3/4" . 0 '. SF F2-10.6 3^r a_ ' 9 Cold Plane 2" 0 SF . F2-10.6 "-_ 10 "Keycut Al 4,816 LF" F2-10.6 D,4p 33y•`�° 11 KeyculA2 1,414 LF F2710.6 t;oo 12 Keycut A3 0 LF. F2-10.6 --_• _ 13 Keycut Bl 120 LF. F2-10.6 to eo.. �2D 14 Keycut B2 30 LF F2-10.6 36. °D 00. 15 Keycut B3 Q LF F2-10.6 16 Cold. Plane and Replace 2' AC 0 SF, F2711.4 k -> 17 Cold Plane and Replace 4-1/2" AC 0 SF F2-1.1:4 - 18 Digout or Remove and Replace 4" AC p SF F2-11.4 - 19 Digout or Remove. and. Replace 6" AC0 SF' F2-11.4' _--. 20 Remove.5-3/4" and "Replace 4" AC { , p _ SF" F2-11.4 . 21 Remove Tree Roots Below AC/PCC Re .airs 0 SF F2A2.3 - - 22 LTri .Vegetation Along Edge of Road LF F2-13.3 - = 23 Shoulder Backing 0 LF F2=1.4.4 ---- 24 AdjLst Manhole. Covers to Finish Grade 12 EA F2-15.3 2$5. pO .3 2 j .•� 25 Adjust.Utility Cover/'Vault/ Well to Finish Grade . 0' EAC F2-15.3 - 26 Adjust Survey Monument Cover to Finish Grade 0 EA F2-15.3 -27 "Lower Manhole Covers 0 EA _F2-_1_6_.'3__- - 28. .Lower Water / Gas Valve Covers 0 EA F2-15'.3 - C- 2e ADD ALTERNATE NO. 2 — NEIGHBORHOOD.S9.(VARIOUS STREETS) ITEM NO. BID.ITEMS' TOTAL QNTY UNIT PAY. REF. UNIT PRICE *TOTAL COST :29 Remove and Replace Loop Detectors.. 0 EA .. F2-.16.4. 30 . Install Blue RPM's.@ Fire Hydrant 4 EA F2-17.4 10,. 31 12" White Crosswalk / Limit Line (Thermo) 0 LF F2-17:4. -- 32 White Continental Crosswalk (Thermo) 0 EA F2-17.4 --- — 33 Yellow Continental Crosswalk, 0 EA . F2-17.4 34 . Striping Detail # 2 (Thermo) 0 EA F2717.4 — - 35 Striping Detail # 21 (Thermo) o EA F2-17.4 .36- Striping Detail # 22 (Thermo) p EA F2-17.'4 s 37 ' Striping Detail # 23 (Thermo and. Markers) p . EA F2=17.4 ...38 Striping Detail # 24 (Thermo) 0 LF, F2-17.4 39 Striping Detail # 27B (Markers) p LF F2-17.4 — 40 Striping Detail # 29 (Thermo and Markers) o LF F2-17.4 41 ' Striping Detail # 31' (Thermo) p' LF F2-17.4 42 Striping Detail# 32 (Thermo and Markers) o LF F2=17.4 43 Stri m Detail # 38 Markers ping (Markers) 0 LF F2=17.4 y*" 4.4 . Striping Detail 38A and 8" Line (Thermo) 0 ' LF F2-17.4 — 45 Striping Detail # 38B (Thermo and Markers)' o LF F2-17.4 46 Striping Detail# 38C (Thermo) 0 . LF F2-17.4 — 47 . Striping Detail # 39 (Markers) 0 LF ' F2-17.4 — A{ 48 Striping. Detail #41. (Thermo) p LF F2-1.7.4 49 "STOP" Legend (Thermo) p EA F2-17.4 * := ..50 "RING" Legend (Thermo)o "EA F2-17.4 ,ry .51. "SLOW" Legend (Thermo) . 0 EA F2-17:4 . --- 52 "SCHOOL" Legend (Thermo) 0 EA F2-17.4 -- -- 53 "25" Legend (Thermo) 0 EA F2-17.4 Railroad Crossing Legend (Thermo) 0 EA F2-17.4 . Bike Group Legend (Thermo) p EA. F2-17.4 E Arrow Type. IV L / R (Thermo) 0 EA F2-17A.Arrow Type VII L / f2.(Thermo) . 0 EA F2-17.4 -- TOTAL ALTERNATE NO. 2 TOTAL AMOUNT IN FIGURES: 1%u ALTERNATE NO. 2 TOTAL AMOUNT IN WORDS: +hyo huwio cc lty {wa �letlars 6v6 (U'� *NOTE: In case of error in extension of price into the total price column, the unit price will govern. C -2f . BID SCHEDULE 2012-13 ANNUAL OVERLAY & "SLURRY SEAL PROGRAM Bid No. ENG -12-13-M0090 Project No. M0090 BIDDER: Toro Enterprises, Inc. 81D SUMMARY. .. " . ". TOTAL PRICE IN FIGURES $� 3 i �1-44 .I SCiO• cQ4 .. . BASE BID TOTAL PRICE-. -(Y:cet-tUl0utl StK 6v"f�tl S<.0-9 'f7),aY'tinolASAM.CY, ... ..IN WORDS • U v7Fi.&A02hjCAI awl y LQVl C.CN1 " . .. . TOTAL PRICE IN FIGURES $ �i .� aJ • Sd. " ADD ALTERNATE NO: 1 TOTAL PRICE n. one. -wYeuS°vtd ' du. t\uAA(l d. QA V +Ai-ge � � 5 ... INWORDS Ci61�0.Y5 O-Y� ed h "CQYdS . " . TOTAL PRICE IN FIGURES $LZlD�2�2-y0." .. . ADD ALTERNATE "NO. 2 ' .. TOTAL PRICE x W,,av� �4vuon.4yec iwSiK Usmncl i—b vwx�ad .. IN WORDS 6 WRYvdm vmA avLd 6 Ck6-4-9" . . TOTAL PRICE " IN FIGURES $2 TOTAL OF BASE BID AND ALL 'ADD ALTERNATES. TOTAL PRICE IN WORDS �ti�v tix d61,1 -M aAct p,L k tenYT DESIGNATION OF.SUBCONTRACTORS 2012-13Overlay and Slurry Seal Program ' Bid No. ENG -12-13-M0090 Project No.. M0090 .. 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, labor, or render setvice:in excess of half of one percent, or $10,000 (whichever is greater) of the prime contractor's' total bid: DBE status, age of firm, and annual gross'receipts are required if subcontractor is participating as a DBE. Subcontractor DBE -STATUS: Iy � Dollar Value of Work I.cj j2p.^� Dollar Value of Work lZ Y�.bhut�4?6 [CMc)Gfilet.5ealer LYV-' .. c. .'. . Age ofFirm: Z Ceiti inA enc: - Location and Place of Business Annual Gross Receipts: %i%rjpt1L. LocationandPlaceo Business. V ivk � CA �ktll.PX'1bh Bid Schedule Item Nos.: - Description of Work Bid Schedule Item Nos.:' Description of Work CL i 2 Ira. LQo s ..' ilk 5eatI C4 6narJF6 on s-fvNt� 'la tie 91+-t,me4. License No. . Exp. Date: / / Phone � : li 31 l3 �l`t-.4 X13-5142 Subcontractor DBE.STATUS: Nor4m.. - Dollar Value of Work I.cj j2p.^� sic e5leowtr COWL?. c. Age of Firm: 35. ttY5 Certifying A enc : Annual Gross Receipts: lS tAkt. ' Location and Place of Business V ivk � CA Bid Schedule Item Nos.: - Description of Work 19 CL i 2 Ira. LQo s ..' - License No. Exp: Date: ` / . ✓ . Phone License No. Subcontractor Sc: DBE STATUS: �pry[�� Ilv Nlueo Wo Q'}��—' Subcontractor - SG _ - DBE STATUS: S Dollar Value.of Work � C_ . Note: Bidders shall fill out the subcontractor's list in its entirety. The total dollar value of work to be performed by subcontractors shall be in conformance with Section 2-3 "Subcontracts" of the Special Provisions in these contract documents. C-3 a, i c. .Agee of Firm. Certifying A enc : Annual Gross Receipts: Zz14p4kt Sc Location and Place of Business i a Bid Schedule Item Nos.: Description of Wotk- ..5 C - ls� �oR 54:�-I `C License No. Subcontractor Sc: DBE STATUS: �pry[�� Ilv Nlueo Wo Q'}��—' Subcontractor - SG _ - DBE STATUS: S Dollar Value.of Work � C_ . Note: Bidders shall fill out the subcontractor's list in its entirety. The total dollar value of work to be performed by subcontractors shall be in conformance with Section 2-3 "Subcontracts" of the Special Provisions in these contract documents. C-3 a, DESIGNATION OF SUBCONTRACTORS 2012-13 Overlay and Slurry Seal Program Bid No. ENG -12-13-M0090 Project No. M0090" 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, labor, or render service in.excess of half of one percent; or $10;000'.(whichever is greater) of the prime contractor's total bid: D13E status, age of firm, and annual gross receipts"are required if subcontractor is participating 'As a DBE. Subcontractor CAA-S+r( e DBE STATUS: OU4w DollarValueofWork toAgeoflirm: Dollar Value of Work 81 lea,1US-- jAnnual g Certi in A ency;GrossReceipts: �g1$Mtl Location and Place of Business . C-ol�� CIR. Bid Schedule Item Nos.: 30 Description of Work 1#?- 6 36-5} At{L36-32 Rkw Sla Ski ' " .t It rUur License No. Exp. Date: / / . Phone ( ) License No.Ezp. 3l.. 1.`1 64-S :�h�o.. Subcontractor. DBESTATUS: prit .es Dollar Value of Work 'Annual Gross Receipts: Dollar Value of Work 81 lea,1US-- ft1L ic�.vLG0.N i4spl.P.l+ Bid Schedule Item Nos.: Description of Work Age of. Finn:. t4l,4g Certifying Agency: Annual Gross Receipts: - IS j, l iL Location and Place of Business.. Bid Schedule Item Nos.:. Description of Work Porkwvt �{ .. ^Li V e l� �Iut License No.Ezp. Date:. '/ / Phone ( ) 21a�o�3 I 3'1 1y yS -q3L- zS Subcontractor Age "of Firm:Certi DBE STATUS: irig A ency: Dollar Value of Work 'Annual Gross Receipts: Location and Place of Business Bid Schedule Item Nos.: Description of Work License No. Exp. Date; / /. Phone ( ) Note: Bidders shall 'fillout the subcontractor's list in its entirety. The total, dollar value of'work to be performed by . subcontmerors'shall be in conformance with Section 2-3 "Subcontracts" of the Special Provisions in these contract documents. DESIGNATION OF SUBCONTRACTORS C_3b, 2012-13 Overlay and Slurry Seal Program Bid No: ENG -12-13-M0090. Project No. M0090 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, labor, or render service in excess of half of one . percent, or $10,000 (whichever is greater) of the prime contractor's total bid: DBE status, age of firm,.and annual gross receipts are.required if subcontractor is participating as a DBE. Subcontractor . DBE STATUS:. .. Age of Firm: Certifying 'Agency:. DollarValue of Work " Annual Gross Receipts: Location.and Place of Business _ Bid Schedule Item Nos.: Description.ofWock License No. Exp. Date:. / / Phone (' ) Subcontractor Age of Firm: DBE STATUS:. Certifying Agency: Dollar Value of Work . Annual Gross Receipts: Location and:PlaceofBusiness Bid Schedule Item Nos.: Description of Work. License No.... Exp. Date: / /. Phone (. ) Subcontractor Age of Firm:". DBE STATUS: Certifying Agency: Dollar Value of Work "Annual Gross Receipts: Location and Place of Business ' Bid Schedule Item Nos.: Description of Work. License No. Exp; Date:. - / :./ Phone Note: Bidders shall fill out the subcontractor's list in its entirety.. The total dollar value of work to be performed by subcontractors shall be in conformance with Section 2-3 "Subcontracts" of the Special Provisions in these contract. . documents. .. .. . C -3c 2012-13 Overlay and Slurry Seal Program Bid. No. ENG -12-13-M0090 Project No. M0090 City -of Santa Clarita; California The .following are the names, addresses;. and, telephone numbers of three public agencies for .which BIDDER has performed similar work within the past 3 years:: f..StE f<�fkctlEb PFL'�i�lcc� . Name and Address of Owner 1 Agency Name and Telephone Number of Person Familiar with.Project: Contract Amount Type of Work Date Completed 2.`. Name and Address of Owner / Agency. . "Name and Telephone. Number of Person Familiar With Project Contract Amount Type of Work Date Completed 3..' Name and Address of Owner /'Agency Name and Telephone Number of Person Familiar with Project :. ContractAmount Type of Work Date Completed The following are. the names,' addresses,. and telephone numbers.of ell brokers and sureties from whom BIDDER intends to.procure insurance'bonds: �o� '.witShirp V31u6. ste''4UM k -a Ar.Aeles CA R501:� Tro-v.el.ers' Caicu ala. '• 5 ux eiti{ C9wt brivu/ �.i 09� U t Z — 3laS i ZiLe16 C-1a-tP ceh3 e brty-e Diawymd Rar, Y1 ('a-- -- Contractors Name' C-4 i , t TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION 2012-13 Overlay and Slurry.Seal Program Bid No., ENG -12-13-M0090 Project No. M0090 City of Santa Clarita, California The bidder under penalty of .perjury, certified that except as noted below, hetshe''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 . I has not been indicted, convicted, or had. a civil judgment rendered against it by a court of competentr . 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. raof,�E 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. I NOTE:. Providing false information may result in crininal'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: C5 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION 2012-13 Overlay and Slurry Seal Program. Bid No. ENG -12-13=M0090 Project No. M0090 , City of Santa Clarita; California This bidder , proposed subcontractor. hereby certifies. that he has ta,5 h s not participated in a previous contract or subcontract subject to the equal opportunity clause, as.required by Executive Orders 10925:11114; or 1.1246, and that. he has has not :KAL. filed with the Joint Reporting Committee, and Director. of Office of Federal Contract Compliance,: a Fed: a Federal Government contracting or administering AGENCY, or the former President's f Committee on: Equal, Employment Opportunity, all reports that are.. under. the applicable filing requirements. Company:.." OYD.. SeS lhG.' BY: 5¢cwc Cesi-i r10 Title:. Ff2t�detlt Date: �wnB. �.au 2013 Note:. The above certification is required by the Equal Employment Opportunity of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts Which are subject to the equal opportunity clause as set forth in 41 CFR 60-1.5, (Generally only contracts or subcontracts of $10,000 or.under are exempt.) Currently; the Standard Form 100 (EEO -1) is the'oniy report required by the Executive Orders or their implementing regulations.. Proposed prime. CONTRACTORS and subcontractors who have participated in aprevious contract or subcontract. subject to the Executive Orders and have not filed the required reports should note that 41 CFR 6071.7(b)(1) prevents the award of contracts and subcontracts_ unless such CONTRACTOR submits a report covering the delinquent. period .or such other period specified by the Federal, Highway Administration or by the Director, Office of Federal Contract Compliance, U..S.,Department of Labor. . C-6 BIDDER'S INFORMATION AND CERTIFICATION Bidder certifies that the representations of the. bid are true and correct and made under. penalty of perjury EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any AGENCY, .State,: or Federal equal employment opportunity orders have been satisfactorily filed, and that.no such reports are currently outstanding: AFFIRMATIVE ACTION CERTIFICATION' Bidder certifies that affirmative action has been .taken to seek out and consider minority business enterprises for those portions of the.work to be. subcontracted, and that such affirmative actions have been fully documented,.that said documentation is open to inspection, and that said affirmative action will remain in. effect for the life ofany-contract. awarded hereunder. .Furthermore, Bidder certifies that:, affirmative action will be. taken to meet all equal employment opportunity requiremehts.of the contract documents. Bidder's Name: TOY -0 tr i 52S ( n G . Business Address:. Z00-:,. V?rtm,Lm %31J6. OXvtaird CA 1-b6B D Telephone No:: 0xi `"1163' 4915- State CONTRACTOR's License No. & Class: l 0 5 ebo I A . Original Date: 12 (30 `j`( Expiration. Date: x/31 L1.3 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:. - Ses��. P.D. box UIRS Q> VLrri ; CA °1303 � laxry tn�IG<,�—SQcrafiar� tftc') X83-HSts P:o. i�,ox �z�bs b�cv�,vd_ �:9343I 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: A(ovi� t40,r All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows; IN WITNESS WHEREOF, BIDDER executes and submits this roposal,with the: names, title,'hands, and seals of all aforementioned principals this _ y..o,u ` 2PL3 . BIDDER: Signature is - CALIFORNIA ALL-PURPOSE CERTIFICATE OF AKNOWLEDGMENT State of: California County of: Ventura On _June 11, 2013, before me, Renee Cruz, Notary Public (name and tAle of the officer) personally appeared Sean Castillo who proved to me on the basis of satisfactory evidence to be the person) whose name() ishan subscribed to the within instrument and acknowledged to me that he/she44 executed the same in hislher/H1eir authorized capacity (i®&), and that by hismeAieir signature(,v)'on the instrument the person,(, or the entity upon behalf of which the person,facted, 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 Notary Public - Caliromis i Ventura County My Comm. Expires Apr 6.21117 WITNESS my hand and official seal outu-'i r Sigretur6,0 Notary Public (Notary Seal) _OPTIONAL INFORMATION-..-- ------..-.—.-=-- _--= Information below is NOT required bylaw howevermay, deter fraudulent removal of this form. Description of Attached Document r Capacity Claimed by Signer(s) Number of Pages 2 ❑ Individual(s) Document Date: 6.7-13 (( Corporate Officer President Bidder's Information and Certiricafinn for Bid Title or type of document ❑ Partner ❑ Attorney -in -Fact No. ENG -12-13-M0090 ❑ Trustee(s) ❑ Other Additional information BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID NOTE: The following form 'shall be used in case check accompanies bid. Accompanying this Proposal is a 'certified/cashier's.check payable to the order of the City of„Santa Clarita for: dollars ($ ), this'amount being not less than tenpercent (10%) of the total amount of the bid. The proceeds. of -this check shall become the property of said AGENCY provided this Proposal shall be accepted by said.AGENCY through action: of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract_ and furnish.the required bonds within the stipulated time; otherwise, the check shall. be returned to, the undersigned. ' Project Name: 2012-13 Overlay and Slurry .Seal Program Bid No, ENG=12-13-M0090 Project No. M0090 . Bidder's Signature s 6x” 1tP' . o� �'H-e-�rnri 'nS h IYiG CONTRACTOR. �rr� I �. V .tntu.yrw l31 gid.. . Address. oXvtexd. ,'CA 93031y 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 (106/6) of the total amount of the bid. C-9. PROPOSAL GUARANTEE BID BOND '. 2012-13 Overlay and Slurry Seal Program Bid No. ENGm12-13-M0090 Project. No.'M0090 City of Santa Clarita, California . KNOW ALL MEN BY THESE PRESENTS that' TORO ENTERPRISES, INC. as BIDDER, i and TRAVELERS CASUALTYAND SURETY COMPANY OFAMERICA,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.($'.IM&AmcuptBW ), which is ten percent (.10%) of;the total amouht.bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be' bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE.SUCH that, "whereas BIDDER is about to submit,a bid to AGENCY for the above -stated project, if said bid is:rejected, or if said bid is accepted and the contract s; awarded and entered.into by BIDDER in the manner and time specified; then this -obs ation.shall be null and void, otherwise it shall remain in full force and, effect in favor of AGENCY: IN WITNESS. WHEREAS, the parties hereto have settheir name , 'ties ,hands, and seals, this, 7th day of June 2 TORO ENTERPRISES, INC. BIDDER:, Signature, Seav< h"ICo ; �Presid2ht - Name and Title _of Signatory P.O. Box 6285; Oxnard, CA 93031- _ (805) 483-4515' .Address SURETY" 'TRAVELERS CASUALTY AND SURETY COMPANY OF AME ICA - .• ' One Tower. Square By:.. - Hartford CT 06183 213 630-3200 Name%Title: Dara d ttbne In Fact. I orn to thisday of 20 NOTARY PUBLIC SEE ATTACHED JURAT `Provide BIDDER and SURETY name,'address, and telephone number and the name, title,; address, and telepltone.number for authorized' representative. IMPORTANT Surety Companies executing Bonds must appear on.the Treasury Departments most ' current list ,(Circular 570, as amended) and be authorized to transact business in the State where the project is'located. C-10' State County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 7th day of June, 2013 by Daravy Madyproved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (seal) WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AM POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. 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. 005350503 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fre 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 are corporations duly organized under the laws of the State 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 Sante 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 Madly, and James Ross of the City of . I,oc A ngpjPc , State of r2lifnrn4n , their true and lawful Attorneys) -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 pemufted`in anyactions or -proceedings allowed bylaw. IN WITNESS WHEREOF, the Companies have caused this instrumento be stgned.and theu;corporate seals to be hereto affixed, this 28th day of January 2013 : ; 1' ✓ . "_` Farmington Casualty Company- .•, ' Fidelity and Guarantyrsurance Company Fidelity and Guaranty Insu'rance'Underwii[er 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 (•XB�,>` ��dm J` 6 , pe`!N IMSGp UBy ,XSUgh J��! L / `ir 1981€0 �`);• n i aftol rtnre,4 '�oavan4 im- . 1r\`.0 n .,SEAL N:o'i1 �u; Xurt-.aao. n 9 "�w'w�9 N te�'96m Ee rtlagtalm c _ < Qryi t 1851 i Sj�o a.\SEALa:• cPvx. a ",/ �A.. , !AIdS`- `.w. Stare of Connecticut By: City of Hartford ss. Robert L. Raney, k.am, Vice President On this the 28th day of January 2013 , before me personally appeared Robert L. Roney, 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, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Stores Fidelity and Guaranty Company, and that he, as such, being authorimd 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. ��'*w�� My Commission expires the 30th day of June, 2016. 1\fir o'l l t0 }%IN]arie G TeneauI" Notary Public 58440.8.12 Printed in U.S.A. IS INVALID WITHOUTTHE RED BORDER This Power of Attorney is granted tinder and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casual Ey Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty insurance Underwriters, Inc., St. Paul Fire mrd Marine Insurance Company, St. Paul Guardianrinsursnce 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 Attomeys-in-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; mid 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 authority 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 tiny Vice President, any Second Vice President, the 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 (undersea], if required) by one or more Attomeys-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 Attorneys -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, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United'States Fidelr"ty' and Guaranty Company do hereby certify that the above and foregoing is a me and correct copy of the Power of Attorney executed by said Com�pies%Aick is in,ffi7] forced n-dd--effect and has not been revoked. + tri.,j"' 1N TESTIMONY WHEREOF, i have hereunto set my hand anda�isW the -seals o�'said(Co panics this day of JUN 07 2013, 20 - 'kl•: ' 'F• ' Kevin E. Hughes, Assistant Secr tary pONil- Q'iMAin, altD 9%%X11% �ei 'vkSEALa1 N ,W 4ttR Btl AINfi,"r-p To verify the authenticity of this Power of Attorney, call 1-80OA21-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. ICALIFORNIA ALL-PURPOSE CERTIFICATE OF AKNOWLEDGMENT State of: California County of: Ventura On _June 11, 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 personwhose name(j' is/are subscribed to the within instrument and acknowledged to me that he/ y executed the same in his/hefteir authorized capacity (les), and that by his/heallwir signature on the instrument the personX or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. RENEE CRUZ WITNESS my hand and official seal Comrymisaon a z Z 1344 NotaPulblic - Californla = L a Ventura County > M Comm. Expires Apr 6, 2017 1. SignatureV Notary Public (Notary Seal) �__— ---- --=OPTIONAL INFORMATION=:-.-...---------------=___ _:= Information below is NOT required by law howevermay deter fraudulent removal of this to= - Description of Attached Document Capacity Claimed by Signer(s) r Number of Pages 1 ❑ Individual(s) Document Date: 6-7-13 Qk Corporate Officer President Bid Bond far Bid Nn ENG -12-13-M0090 Title or type of document ❑ Partner ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other Additional information NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) ...2012-13 Overlay. and Slurry Seal Program Bid No. ENG,1.2-1340090 Project No. M0090 City of Santa Clarita, California . To the CITY OF SANTA CLARITA: In conformance with Title 23 United States _Code Section 112 and Public Contract Code 7106, the Bidder.declares that the bid' is not made in the interest of, or on behalf of, any undisclosed person, l partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder:has not directly or indirectly induced or solicited any other. bidder to: put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone. else, to put in a sham bid; or'that anyone shall. refrain from* bidding; that the Bidder has. not .in any manner,, directly or indirectly, sought by agreement,. communication, or conference with. anyone to fix the bid price of the Bidder or any other bidder,: or to fix any overhead, . profit, or cost element of the bid price, or of that.of any other bidder, or to secure any advantage against the public body awarding the.contract of anyone interested in the. proposed contract; that all statements contained in the bid are.true;.and, further, that the Bidder has not, directly or. indirectly, . submitted his or her bid price or any. breakdown thereof, or the contents thereof, or divulged information or data relative thereto,, or paid; and will not pay, any fee to any corporation, partnership; company association, :organization, bid depository; or to. any. member or agent thereof to effectuate a collusive or sham bid. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION.OF THE "BIDDER'S CERTIFICATION" SHALL ALSO. CONSTITUTE AN FNDORSEMEN.T AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORMA PART OF THE PROPOSAL: BIDDERS ARE CAUTIONED THAT MAKING.A FALSE CERTIFICATION MAY SUBJECT.THE CERTIFIER TO CRIMINAL PROSECUTION. C11 NON-COLLUSION. AFFIDAVIT 201.2-13 Overlay and Slurry Seal Program Bid No. ENG-12-13-M0090 . Project No. M0090 _. City of Santa Clarita, California TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF'CALIFORNIA q. COUNTY OF LOS ANGELES § - f?-cav1 casint l r7 being first duly sworn deposes and says that he is the Prn�ira_MI (sole owner; a :partner, : president, etc.) ` of Tpy a .amu I u uv r54S , t nc: the parry making the foregoing bid; that . such bid is not made in the interest of.or behalf of. any Undisclosed person, partnership, company, association; ,organization or corporation,. that such: bid is genuine. and riot collusive or sham, that said . BIDDER has not directly or.indirectly induced or solicited any,other BIDDER to put in false or sham bid, . or that anyone. shall refrain.from bidding, that said,BIDDER'has not in any manner, directlyor 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 price, :or..of that of any other. BIDDER, or to secure any. advantage. against the public.body awarding the Contract or anyone interested in the proposed Contract; that all statements contained.in such bid are true, and further, that said .BIDDER' has not, directly or indirectly, submitted his bid price, or 'any breakdown thereof; or .the contents thereof, or divulged information or date. *relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company, association; organization, bid depository,' or to any member or AGENCY thereof, or to any other individual information or date relative thereto, or paid and will not pay any . fee in connection, therewith, to , any .corporation, partnership, company association,.. organization,. bid depository, or to any member. or AGENCY thereof, or to any other individual, except to such person or persons'as ave a partnership or other financial interest with said ' BIDDER in his general businexr- C-1 2 CALIFORNIA JURAT State of: California County of Ventura WITNESS my hand and official seal k"Q, �4 Signature cfUbtary Public Description of Subscribed and swom to (or -wed) before me this 11th day of June 2013 by Daro Mooch Y. (1) _Sean Castillo Name of Signer (s) (2) Name of Signer (s) who proved to me on the basis of satisfactory evidence to be the person( who appeared before me RENEE CRUZ Commission # 2011344 Notary Public - California i Ventura County QM; Comm. Expires Apr 6, 2017 (Notary Seal) ---OPTIONAL INFORMATION------ ---------_----= Information below is NOT required by law however may dcter fraudulent removal of this form. Number of Pages 1 Document Date: 6 TffF Non -Collusion Affidavit for Bid No. ENG -12 -13 - Title -or -type -of document— M0090 Additional information Capacity Claimed by Signer(s) ❑ Individual(s) Os,, Corporate Officer President ❑ Partner ❑ Trustee(s) ❑ Other BIDDER'S QUESTIONNAIRE 2012-13 Overlay and. Slurry -Seal Program Bid No. ENG -12-13-M0090 Project No. M0090 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. e nnI Q -+-e Gt Q�eS}i0 r1 �r2 1. Submitted by:.' Telephone:. l WIMh�..�r ` Principal Office Address: 2'. Type of Firm:. Corporate: Other: Individual: . Partnership: 3a. If a corporation, answer these questions: Date of Incorporation: State of lndorporation: 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-13' C-14 CERTIFICATION OF NON -SEGREGATED FACILITIES 201243 Overlay and Slurry Seal Program Bid No. ENG -12-13-M0090 Project No. M0090 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 CONTRACTORcertifies.furtherthat he will not maintain or. provide for his employees any segregated', facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under .his control, where segregated facilities are maintained. The CONTRACTOR agrees that a Breach of this certification is a violation of the Equal Opportunity clause:in_this Contract. As used in this certification, the term. "segregated facilities' means any waiting rooms, work areas', rest rooms, .and wash rooms,'. restaurants and other eating, areas, time clocks, locker. rooms and other storage or. dressing areas, parking 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 hewill retain such certification's in his files. CONTRACTOR Required by the May 19, 1967 order on Elimination of Segregated Facilities, by the Secretary.of.Labor — 32 F.R: 7439, May 19, 1967 (F.R. V101.33, No. 33'- Friday, February 16, 1968 _ p. 3065). C-15 CAPITAL IMPROVEMENT PROJECT AGREEMENT Contract 13-00220 1011-13 Overlay and Slurry Seal Program, M0090 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 1I For And in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above - stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and . conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. Revised 1/2012 Pace I of 7 ARTICLE V City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR'S performance of or failure to perform any services under this Agreement, or by the negligent or willful acts or omissions of CONTRACTOR, its agents. officers, directors, or employees, committed in performing any of the services under this Agreement. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or earlier termination of this agreement. The provisions of this section do not apply to Claims occurring as a result of the City's active negligence or acts of omission. ARTICLE VI CONTRACTOR affirms that the signatures set forth hereinafter in execution of this AGREEMENT represent all individuals, firm members, partners, joint venturers, or corporate officers having principal interest herein. ARTICLE VII Nature of Relationship CONTRACTOR shall not be subject to day-to-day supervision and control by CITY employees or officials. CONTRACTOR shall perform services in accordance with the rules, regulations and policies of CITY respecting such services, and in accordance with appropriate standards of professional conduct, if any, applicable to the services provided. CITY shall not be responsible for withholding any payroll or other taxes on behalf of CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and at all times shall be, an independent CONTRACTOR and nothing contained herein shall be construed as making the CONTRACTOR, or any individual whose compensation for services is paid by the CONTRACTOR, an agent or Revised 1/2012 Page 2 of 7 employee of the CITY, or authorizing the CONTRACTOR to create or assume any obligation of liability for or on behalf of the CITY. ARTICLE VIIt 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. Liability Insurance During the entire term of this agreement. the CONTRACTOR agrees to procure and maintain General Liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom. suffered or alleged to be suffered by any person or persons whomsoever, resulting directlyor indirectly from any act or activities, errors or omissions. of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the CITY against incurring any legal cost in defending claims for alleged loss. Such General. Public and Professional liability and property damage insurance shall be maintained in full force and effect throughout the term of the AGREEMENT and any extension thereof in the amount indicated above or the following minimum limits: A combined single limit liability policy in the amount of $2.000.000 or a commercial general liability policy with a $2.000.000 occurrence limit and a $4.000.000 aggregate limit will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and, shall name the City of Santa Clarita as additional insured. A Certificate of Insurance and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City's Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. Should CONTRACTOR, for anv 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 anv of the insurance requirements under this agreement. Citv may cancel the Agreement immediately with no penalty. Revised 1/2012 Page 3 of 7 Should Contractor's insurance required by this Agreement be cancelled at any point prior to expiration of the policy. CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. "Furthermore. CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the CONTRACTOR may be held responsible for the payment of damages to persons or property resulting from the CONTRACTOR's activities or the activities of any person or persons for which the CONTRACTOR is otherwise responsible. Worker's Compensation Insurance The CONTRACTOR shall procure and maintain. at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify,inure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. Automotive Insurance The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this AGREEMENT, and any extension thereof. public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1.000.000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Fire and Extended Coverage Insurance (Services involving real property only) CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. ARTICLE IX Pursuant to Senate Bill 542, chaptered in 1999, the Employment Development Department (EDD) of the State of California requires that a W-9 Form be filed by all vendors for all AGREEMENTS entered into with the City. CONTRACTOR agrees to complete all required forms necessary to comply with EDD regulations. Revised 1/2012 Page 4 of 7 ARTICLE X Term This AGREEMENT shall be effective for a period beginning on the date shown in the Notice to Proceed, and ending on 35 days after the date of recordation of the Notice of Completion unless sooner terminated. Modification/Termination No modification. amendment or other change in this AGREEMENT or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. This AGREEMENT may be terminated with or without cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services shall require thirty (30) days advance written notice unless otherwise agreed in writing between CONTRACTOR and CITY. In the event of termination. CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the notice of termination. Conflict of Interest CONTRACTOR will comply with all conflict of interest laws and regulations including. without limitation. CITY's conflict of interest regulations. Non -Effect Waiver CONTRACTOR's or CITY's failure to insist upon the performance of any or all of the terms. covenants, or conditions of this Agreement. or failure to exercise any rights or remedies hereunder. shall not be construed as a waiver or relinquishment of the future performance of any such terms. covenants. or conditions. or of future exercise of such riollts or remedies. unless otherwise provided for herein. Severabilitv In the event that any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction. such holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be construed as if such unenforceable provisions are not a part hereof. Governing Law This AGREEMENT shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Revised 1/2012 Nage 5 of 7 Compliance with Law CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal. state, and local government, including City's Labor Compliance Program. CONTRACTOR shall comply with all aspects of the National Pollutant Discharge Elimination System (NPDES) in order to prevent pollution to local waterways. Failure to implement NPDES Requirements shall result in project delays through City issued Stop Work Notices and/or fines levied against the CONTRACTOR. 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 wZv.dir.ca.Pov/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 Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Revised 1/2012 Page 6 of 7 The parties hereto for themselves. their heirs. executors. administrators. successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names and titles this day of 20. CONTRACTOR: CONTRACTOR Name: Address: Phone & Fax No. .ALL SIGNATURES MUST RE Signed By: WITNESSED RANOT.ARI' CITY: Attest: Approved as to Form: Print Name & CONTRACTOR's License No. Class Mayor/City Manager of the City of Santa Clarita City Clerk of the City of Santa Clarita City Attorney of the City of Santa Clarita Date: Date: Date: Revised 1/2012 Page 7 of 7