HomeMy WebLinkAbout2013-11-26 - AGENDA REPORTS - PIGGYBACK CONTR-BACKHOE LOAD (2)Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by: Joseph Oerum
DATE: November 26, 2013
SUBJECT: APPROVE THE USE OF A "PIGGYBACK" CONTRACT FOR A
BACKHOE LOADER
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
1. City Council authorize the use of a piggyback contract to purchase a 310SK John Deere
backhoe loader with IT4 engine from Coastline Equipment using California Multiple Award
Schedules (CMAS) Contract #4-08-23-0023A, Supplement 1, in an amount not to exceed
$102,038.40.
2. Authorize the City Manager or designee to execute all documents, 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.
The City Council authorized the purchase of a 310SK John Deere backhoe loader with IT4
engine during the Fiscal Year 2013-2014 budget process. The backhoe loader is used by the
Public Works Streets Maintenance division to remove raised and damaged sidewalks and
pavement. It is also used for debris removal in emergency situations.
On July 11, 1995, the City Council approved the use of "piggyback" purchasing. This process
permits the City to place orders against a competitively awarded, pre-existing public agency
contract. The California Multiple Award Schedules (CMAS) contract #4-08-23-0023A,
Supplement 1, for construction equipment was competitively solicited and awarded on
July 24, 2013, and this contract allows other public agencies to place orders against it. This
contract will deliver a 37.42% savings in comparison to commercial list pricing. Staff believes
the CMAS contract will provide the most competitive pricing and highest quality equipment to
the City, thereby offering the best value. Utilizing this CMAS contract will result in lower
pricing than the City's traditional bidding process.
ALTERNATIVE ACTIONS
Other actions as determined by the City Council.
FISCAL IMPACT
Adequate funds for this project were appropriated during the Fiscal Year 2013-2014 budget
process in Account #14504-5201.002.
2
SECTION C: PROPOSAL
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita, California
TO THE CITY OF SANTA CLARITA, AS AGENCY:
In accordance with AGENCY's NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to furnish all
materials, equipment, tools, labor, and incidentals required for the above -stated project as set forth in the plans,
specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,
INSTRUCTIONS TO BIDDERS, and all other contract documents. If this proposal is accepted for award, BIDDER
agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following BID
SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in
forfeiture to AGENCY of the proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work and that THE AGENCY RESERVES THE RIGHT TO
INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM
THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes,
royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,
and words shall govern over figures.
If awarded the contract, the undersigned further agrees that in the event of the Bidder's default in executing the
required contract and filing the necessary bonds and insurance certificates within ten working days after the date of
the 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: Fast -Track Construction Corporation
Company Address: 5857 Uplander Way
Culver City, CA 90230
By. Shiva Ram
Print Name
Title: Vice Presid nt
Signature:
Date: 11/4/2013
C-1
BID SCHEDULE
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita, California
The City of Santa Clarita is bidding this project as a LUMP SUM BID.
DESCRIPTION OF WORK:
The work consist of furnishing all material, equipment, supervision, labor and incidentals to construct
the Santa Clarita City Hall Seismic Retrofit Project complete as shown on the plans and described in
these contract documents. Work shall be done in accordance with the plans and contract documents
known as "Santa Clarita'City Hail Seismic Retrofit'.
TOTAL AMOUNT LUMP SUM IN NUMBERS:
0qa,4-6v`'
TOTAL AMOUNT LUMP SUM IN WORDS:
M
C-2
DESIGNATION OF SUBCONTRACTORS
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
Listed below are the names and locations of the places of business of each subcontractor who will perform work
or labor or render service in excess of '/z of 1 percent of the prime contractor's total bid or ten thousand dollars
($10,000), whichever is greater. The form MUST be returned with bid, filled in or annotated with "No
Subcontractors" if none will be used.
Subcontractor:
Doll r Value of Work:
i�''awltoa Iron PC)YKS
License No.: q3 z3
Exp. Date: 66 / 30 /
zo15 Phone 626 4-53 -1930,?-
,on
Location of Place of Business:
Location ofPlace of Businness:
Te vvle �
Bid Schedule Item Nos:
Description of Work
Bid Schedule Item Nos:
Description of Work
JlYvt.lZRwt .SIP
DBE status YES or NO
DBE type:
Certif in a enc :
DBE $ Value of Work:
Certifying agency:
A e of firm:
Annual ross recei ts:
Subcontractor:
Dollar Value of Work:
za;wt - - ech 60 ,>
4 4 g, J-10 c°
License No.: 3SQ,g
Exp. Date:02- /29 205-
Phone qTf '369 -9042 -
Location ofPlace of Businness:
Te vvle �
Bid Schedule Item Nos:
Description of Work
p�
f
DBE status YES or NO
DBE type:
tAnnual
BE $Value of Work:
Certif in a enc :
A e of firm:
ross recei ts:
NOTE For public construction projects ONLY:
Total percentage of work by subcontractors may not exceed 70% unless otherwise specified in
this document.
C-3
DESIGNATION OF SUBCONTRACTORS
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 1 1-PJ21 2011-0002
City of Santa Clarita, California
Subbcontractor:/I� ^A
G1a4� Gl6-v,,Ive
Dollar Value Work:
License No.:
Exp. Date: 03 /3i LOO
Phone1-14 ro 4105
_L
Location of Place of Business:
r-u.�ill / (,A -
Bid Schedule Item Nos:
Description of Work
DBE status YES or NO
DBE type:
DBE $ Value of Work:
Certif in agency:
Ace of firm:
Annual gross recei ts:
Suoptractor: -
Dollar Value of Work: 12,OVID
dd-o— e.-
Ex . Date: 05/ 3t /2cr5
Phone 11 530, g2oa
License No.: goSsl(-
Exp. Date: IC /-5 / 2015
Phone (q44I 39
Location of Place of Business:
r-
t'w¢n
Bid Schedule Item Nos:
Description of Work
DBE status YES or NO
E type:
DBE $ Value of Work:
Certifying a enc :
e of firm:
FAa
Annual gross receipts:
Subcontractor:
M1 ( r^an.i9vr 44
Dollar Value of Wor.k:
` p 09, O'er
License No.: 1S5'-7-2-0
Ex . Date: 05/ 3t /2cr5
Phone 11 530, g2oa
Location of Place of Business:
("8sgj.Q� cnrvov2
Bid Schedule Item Nos:
Description of Work
f
tr (eel c0( S—
DBE status YES or NO
DBE type:
DBE $ Value of Work:
Certif in a enc :
Age of firm:
Annual gross recei ts:
NOTE For public construction proiects ONLY:
Total percentage of work by subcontractors may not exceed 70% unless otherwise specified in
this document.
G4
DESIGNATION OF SUBCONTRACTORS
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Ciarita, California
Subcontractor:
Dollar Value of Work:
License
No.:
Exp. Date: / /
Phone
Location of Place of Business:
Bid Schedule Item Nos:
on of Work
HCertifinHenc:E
e:
EAe
DBE $ Value of Work:
Certif in agency:
m:
Annual gross receipts:
Subcontractor:
Dollar Value of Work:
License No.:
Exp. Date: / /
Phone
Location of Place of Business:
Bid Schedule Item Nos:
Description of Work
DBE status YES or NO
DBE type:
DBE $ Value of Work:
Certif in agency:
A e of firm:
Annual gross receipts:
NOTE For oublic construction projects ONLY:
Total percentage of work by subcontractors may not exceed.70% unless otherwise specified _ . _ In
this document. _
C-5
DESIGNATION OF SUBCONTRACTORS
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
Subcontractor:
License No.:
FExte: / /
Dollar Value of Work:
Phone
Location of Place of Business:
Bid Schedule Item Nos:
Description of Work
DBE status YES or NO
Certifying agency:
DBE type:
A e of firm:
DBE $ Value of Work:
Annual gross receipts:
Subcontractor:
License No.:
Exp. Date: / !
Dollar Value of Work:
Phone
Location of Place of Business:
Bid Schedule Item Nos:
Description of Work
DBE status YES or NO
Certifying a enc :
DBE type:
I Age of firm:
DBE $ Value of Work:
Annual ross recei ts:
Subcontractor:
License No.:
FExpDate: / /
Dollar Value of Work:
Phone
Location of Place of Business:
Bid Schedule Item Nos:
Description of Work
DBE status YES or NO
Certifying agency:
DBE type:
A e of firm:
DBE $ Value of Work:
Annual gross receipts :
NOTE For public construction proiects ONLY:
Total percentage of work by subcontractors may not exceed 70% unless otherwise specified in
this document.
C-6
REFERENCES
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 1 1-PJ21 2011-0002
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:
1 City Of Oxnard
Name and Address of Owner / Agency
Patricia Friend (805) 797-6187
Name and Telephone Number of Person Familiar with Project
1,166,000.00 Renovation Sep -2011
Contract Amount Type of Work Date Completed
2. Housing Authority of the County of Los Angeles
Jose Rosas (323) 260-3464
Name and Telephone Number of Person Familiar with Project
1,227,000,00 Roofing, Soler, Structural Reinforcement Dec -2011
Contract Amount Type of Work Date Completed
3. Metrolink
Name and Address of Owner/ Agency
Naresh Patel (909) 592-7969
1,320,000.00 May -2012
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and
sureties from whom BIDDER intends to procure insurance bonds:
Surety; Philadelphia Indemnity.insurance Company/ 251 S Lake Ave, Pasadena, CA 91101/ (626) 639-1328
Broker, Sierra Summit Surely Insurance Services/ 9411 Haven Avenue, Sulte 201 Rancho Cucamonga, CA 9173V (909) 9192432
Fast-track Construction Corporation
Contractors Name
C-7
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
The bidder under penalty of perjury, certified that except as noted below, he/she or any person
associated therewith in the capacity of owner, partner, director, office manager:
is not currently under suspension, debarment, voluntary exclusion or determination of ineligibility by
any federal AGENCY;
has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal
AGENCY within past three years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insertthe exceptions in the following space.
None, No exceptions
Exceptions will not necessarily result in denial of award, but will be considered in determining bidders'
responsibility. For any exception noted above, indicate below to whom it applies, initialing AGENCY, and
dates of action.
NOTE: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof
shall also constitute signature of this Certification.
C-8
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
* * * (Must be filled out by the Bidder and ALL subcontractors over $10,000) * * *
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita, California
This bidder (^AS'( wACK (ONS`(fi� Pr`e CcRpesedPsua�raeter hereby certifies
that he has , has not —/--, participated in a previous contract or subcontract subject to the
equal opportunity clause, as required by Executive Orders 10925.11114, or 11246, and that he has
has not , filed with the Joint Reporting Committee, and Director of Office of Federal
Contract Compliance, a Federal Government contracting or administering AGENCY, or the former
President's Committee on Equal Employment Opportunity, all reports that are under the applicable filing
requirements.
Company: FAS1'EkV eoyVS7(([yGi(oPJ (we,
By: SHiviq RAM
Title: Vice- pTP/JideAz
Date: i t 10 5-/1 ---z,
Note: The above certification is required by the Equal Employment Opportunity of the Secretary of
Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in
connection with contracts and subcontracts which are subject to the equal opportunity clause as set forth
in 41 CFR 60-1.5, (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, the Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime CONTRACTORS and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note that 41
CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such CONTRACTOR submits
a report covering the delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
C-9
BIDDER'S INFORMATION AND CERTIFICATION
Bidder certifies that the representations of the bid are true and correct and made under penalty of perjury.
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under
the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been
satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
Bidder certifies that affirmative action has been taken to seek out and consider minority business
enterprises for those portions of the work to be subcontracted, and that such affirmative actions have
been fully documented, that said documentation is open to inspection, and that said affirmative action will
remain in effect for the life of any contract awarded hereunder. Furthermore, Bidder certifies that
affirmative action will be taken to meet all equal employment opportunity requirements of the contract
documents.
Bidder's Name: Fast -Track Construction Corporaton
Business Address: 5857 Uplander Way, Culver City, CA 90230
Telephone No.:
(310) 215-3099
State CONTRACTOR's License No. & Class:
original Date: 7/28/1993 Expiration Date: 7/31/2015
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:
Randy Tyler, CEO, 5857 Uplander Way Culver city CA 90230, (310) 215-3099
Richard Tyler, President, 5857 Uplander Way Culver city CA 90230, (310) 215-3099 East: 12
Shiva Ram, Vice President, 5857 Uplander Way Culver city CA 90230, (310) 215-3099 Ext: 16
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in
this proposal, or any firm, corporation, partnership or joint venture of which any principal having an
interest in this proposal was an owner, corporate officer, partner or joint venture are as follows:
C-10
All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in
this proposal are as follows:
Fast -Track Construction
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and
seals of all aforementioned principals this «n day of November 2013.
BIDDER
Signafure I
Shiva Ram /Vice President
Name and Title of Signatory
Fast -Track Construction Corporation
Legal Name of Bidder
5857 Uplander Way, Culver City, CA 90230
Address
(310) 215-3099 95-4423071
Telephone Number Federal Tax 1. D. No.
SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGMENTS OF EXECUTION OF BIDDER
MUST BE ATTACHED
Subscribed and sworn to this 4th
Notary
November
day of 2013.
Bobby Ragasa (SEAL)
C-11
.a.FaL.n:..aray.. 's<s7•,,.a cs.-'+�fS.:i
State of California
County of Los Angeles
On 11-04-13 before me, Bobby Raoasa Notary Public
Dela Hen Inearl Noma and 40,o1 Vb 0 oat
personally appeared Shiva Ramakrishnan
NamKal of SIOveNe)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)@are subscribed to the
within instrument and acknowledged to me that
h she/they executed the same in his rAheir authorized
B00BY P. RAGASA capacity(ies), and.that by h�'r hedtherr signature(s) on the
coeaaa.tn""aso H instrument the person(s), or the entity upon behalf of
'noHOTARYPUGLIC•CALIPDRNIA n which the person(s) acted, executed the instrument.
aLOS ANGELES COUNTY A
My Comm. GxPKaa Fvb. 01,1014
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and
Place Notary Seel A / "'a\'"'"....
OPTIONAL ( -
'though the informatlon below is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Ttle or Type of Document: Bidder's Information and Certification - Santa Clarke City Hall Seismic Retrofit
Document Date: 11-04-13 Number of Pages: Z
Signer(s) Other Than Named Above:
Capecity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Tiile(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTRUMBPRiNT
OF SIGNER
Signer's Name:.
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMEPRINT
" OF SIGNER<'
v5v✓GF%GC✓.G( /.�yGv:'n«q«✓.1!(L'!�.GL,iV <VGG✓G'�/GVGV V<`✓��✓G`✓,G(�' �vG"/5"c/GL✓.'�✓<CYG\J�n"'K✓G\.vi\Y LJ,GCY,�ri✓GVS U
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: Saaeideond dollars ($_ J, this amount
being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of said AGENCY provided this Proposal shall be accepted by said AGENCY through
action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract
and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the
undersigned.
Project Name: SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarita, California
Bidder's
Fast -Track Consnceon Cmpnrabon
CONTRACTOR
5857 Upland
Address
Culver City, CA 90230
City, State, Zip Code
Delete the inapplicable work.
NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed.
The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.
C-12
PROPOSAL GUARANTEE
BID BOND
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bld No, ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
ga$
KNOW ALL MEN BY THESE PRESENTS that ConstrustTracction Cornnra rinn _> as BIDDER,
and Philadelphia Indemnity Insurance Company as SURETY, are held and
firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum
of Ten percent of bid amount dollars ($ in* ), which is ten percent
(10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of
which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid
to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and the contract
is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be
null and void, otherwise it shall remain in full force and effect in favor of AGENCY.
IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this
1st Day of November 2013.
BIDDER: Fast Track Construction Corlporation-58 5 7 CA 90230
(310)215-3099
SURETY*' Philadelphia Indemolty Insurance Company -251 South Lake Avenue, Suite 360%Pasadena, CA 91101
1 (626)639-1321
R.E. Gail, Attorney in Fact
Subscribed and swom to this day of , 2013.
NOTARY PUBLIC_
"Provide BIDDER and SURETY name, address, and telephone number and the name, title, address, and
telephone number for authorized representative.
IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570, as amended) and be authorized to transact business in the State where the
project is located.
C-13
CALIFORNIA
..ti.c�2.:���:�2�cjt!.>��:�..�v�,:,v <"c�2^-•t::..�N„j5..'.mL:7 2..ir^.�>...7$£?i 3�.ti:3.f:g3nwfn^Rtti .F�v.................. 2..a.. a$n T'M...I'll ;�><.u�N'..vs> L.:Tf,M
State of California
County of San Bernardino
On before me, Stacia C. Baker, Notary Public
Here Insert Name antl TXIe of Ne 0 Icer-
Personaliyappeared R.E. Gail
Name(a) of Signals) ,
who proved to me on the basis of satisfactory evidence to
be the person(e) whose name(s) is/are-subscribed to the
within instrument and acknowledged to me that
he/sheftkey executed the same in hisk+eFMek authorized
capacity"., and that by his/he#*eir signatures) on the
-Instrument the person(, or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Plica Notary Seel Above Signature. d
Signa ure of Notary Public
OPTIONAL
Though the information below is not required by law, R may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): _
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
- Signer Is Representing:
RIOHTTHUMBPRINT
OF SIGNER
Number of Pages:
Signer's Nal
❑ Individual
❑ Corporate Officer — ntle(s): _
❑ Partner —O Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing;
RIGHTTHUMBM
GF IG
SNER PRI
Awa
STACIA C. BAKER
COMM. '1354812NOTARY
V
PUBLIC-CNLIFORPIfAX
R
SAN BERNARDINO COUNTY
My Comm. Expires Cct. 20, 2015
who proved to me on the basis of satisfactory evidence to
be the person(e) whose name(s) is/are-subscribed to the
within instrument and acknowledged to me that
he/sheftkey executed the same in hisk+eFMek authorized
capacity"., and that by his/he#*eir signatures) on the
-Instrument the person(, or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Plica Notary Seel Above Signature. d
Signa ure of Notary Public
OPTIONAL
Though the information below is not required by law, R may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): _
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
- Signer Is Representing:
RIOHTTHUMBPRINT
OF SIGNER
Number of Pages:
Signer's Nal
❑ Individual
❑ Corporate Officer — ntle(s): _
❑ Partner —O Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing;
RIGHTTHUMBM
GF IG
SNER PRI
466
PHILADELPHIA INDEMNITY INSURANCE COMPANY
231 St Asaph's Rd., Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint " Gail, of Sierra Summit Surety Insurance Services, Inc. I its true
and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recogtusancs and other contracts of indemnity and writings obligatory in
the nature thereof issued in the course of its business and to bind the Company thereby, in an amount not to exceed 05,000,000.001
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
FBI:ADEIRHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I° day of July, 2011.
RESOLVED: That the Board of Directors hereby autharizes the President or any Vice President of the
Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomay(s) in Pact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to dtach the seal of the Company
thereto; and (2) to remove, at any time, any such Anomey-in-Fact and invoke the
authority given. And be it
FURTHER
RESOLVED: That the signatures of such offices and the seal of the Company may be affixed many
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and biding upon the Company in the future with the respect many bond or
undertaking to which it is attached.
IN TESTIMONY WfiFREOF,CORPO�PHII.ADELPTE TO BE AFFD03DBYITS AUTHCE COMPANY HAS ORIZED OFFICE THIS 77a DAY FEBRINSTRUTTO BE SIGNED AND
ITS
MORN
I do
l,.kmowin�.,
(Seal)
s
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 7m day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swum said that
he is the therein descried and authorized officer of the PHILADELPIHAINDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
C0a1MONwaAL0PPm0r9'/LVPmA
NOTT0RR
dEPHNW
hOhNIEMa,hl�(mlemn
Notary Public
residing at: Bale Cvnw'' PA
(Notary Seal)
My commission expires: Minch 22 2016
I, Craig P. Keller, Executive Vice Presider, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that
the foregoing resolution of the Board of Directors and this Power of Attorney issued Pursuant thereto are tore and correct ead era still in full fore and effwL I do
furher certify that Robert D. O'Leary Jr, who executed the Power of Attoray as President, was on the date of execution of the attached Power of Attomey the duly
elected President ofPIBLADELPHIA INDEM[Nny INSURANCE COMPANY,
y uday'2013
1n Testimony Whereof I have subscribed my name and affixed the flacvrmle seal of each CorPan this of � NOVr:OV ® 1 _11
_ r Craig P. Kellar, Executive Vice President Chief Financial Offices & Saretary
PHH.ADELPHLI INDEMNITY INSURANCE COMPANY
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
Ot..W:n.'vs� �a NX��:•�v.Dtw�nln9y. i+..�e,:x. .�.os�„»>..oif:.tit., v."•)Gat.'•xLc>f:�X,
State of California
County of Los Angeles
On 11-04-13 before me, Bobby Ragasa Notary Public
Dale Here Inaen Name end TNe or me um... '
personally appeared Shiva Ramakrishnan
Names) of 5ipnons
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) @are subscribed to the
within instrument and acknowledged to me that
&shefthey executed the same in hi edtheir authorized
capacity(ies), and that by@her/their signature(s) on the
�B"' I P. RgGAS` q q Instrument the person(s), or the entity upon behalf of
CoMm....678 so n which the person(s) acted, executed the instrument
N NOTARYP."lo CALIFOaNIA
Q LO5 ANOSL67 COUNTY p
hty Camm. EaPlne FebD1, 70tH I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and offic' 1 seal.
Signature
Place Notary heal Above ,et rs 01 Notary Pudic
OPTIONAL
Though the Information below Is not requead by low, it may prove valuable to persons relying on the document
and could prevent fraudufent removal and reattachment of this form to another document -
Description of Attached Document
Title or Type of Document: Proposal Guarantee Bid Bond - Santa Clarita City Hall Seismic Retrofit
Document Date: 11-01-13 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(a)
Signer's Name:
❑ Individual
❑ Corporate Officer —Ttt(e(s):
❑ Partner — ❑Limited ❑General
❑ Attorney in Fact
❑ Trustee Tbp of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signers Name:
❑ Individual
❑ Corporate Officer — TiHe(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHdMBPRINT
OF SIGNER ;:i"
in
GYti44Gf!K:f«X\�4L"C4�✓Gv'w\u.'."Lui�G\'W\.•n.`iiV•K'�:GAG"•4L.ViL:.L.'.rG'✓".�N:�o•T'.eK�yi�-X�. �wti✓4'+/y`-/K�.G:GL �.\✓4��\W4�4u G�✓4Le.
11= 11:
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
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,
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 c
ontract 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 ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS
WHICH FORMA PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE
CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION.
C-14
NON -COLLUSION AFFIDAVIT
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project Flo 17
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
TO BE EXECUTED BY EACH BIDDER OFA PRINCIPAL CONTRACT
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES
Shiva Ram
the Vice President
being first duly sworn deposes and says that he is
(sole owner, a partner, president, etc.) of
Fast -Track Construction Corporation
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 not collusive or sham, that said
BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid,
or that anyone shall refrain from bidding, that said BIDDER has not in any manner, directly or indirectly
sought by agreements, communication or conference with anyone to fix the bid price of said BIDDER or
of any other BIDDER, or to fix the overhead, profit, or cost element of such bid price, or of that of any
other BIDDER, or to secure any advantage against the public body awarding the Contract or anyone
interested in the proposed Contract; that all statements contained in such bid are true, and further, that
said BIDDER has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the
contents thereof, or divulged information or date relative thereto, or paid and will not pay any fee in
connection, therewith to any corporation, partnership, company, association, organization, bid depository,
or to any member or AGENCY thereof, or to any other individual information or date relative thereto, or
paid and will not pay any fee in connection, therewith to any corporation, partnership, company
association, organization, bid depository, or to any member or AGENCY thereof, or to any other
individual, except to such person or persons as have a partnership or other financial interest with said
BIDDER in his general business.
Signed:
-- RL44--
Title Vice President
Subscribed and sworn to and before me this 4th day of November _2013.
Seal of Notary
C-15
State of California t
County of Los Angeles J}
On 11-04-13 before me, Bobby Ragasa Notary Public
Dale Hare Insert Name end .ONOMlcer
personally appeared Shiva Rnmakrishnan
Names) of SlSnar(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)fare subscribed to the
within instrument and acknowledged to me that
hh shelthey executed the same in hi edtheir authorized
oapacity(ies), and that by f�s er/their signature(s) on the
`dSOgg^( P, pAGGASA a instrument the person(s), or the entity upon behalf of
V COIAM.#1878868 N which the person(s) acted, executed the instrument
V NOTARY pUSLIC •CALIFORNIA r
4 LOS ANGELES COUNT' A
4 MyComm.Expbae9ob''f7 14 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and idaTseal.
Signature gnaturs of Notary Public
phw Nduy Gael AOwa "
OPTIONAL
Though the information below Is not regaled by law, It may prove valuable to persons relying on the document
and could prevent fraudulent removal and reahecitment of this form to another document
Description of Attached Document
Title orType of Document: Non Collusion Affidavit - Santa Clarita City Hall Seismic Retrofit
Document Date: _ 11-D4-13 Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Tdle(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here
O Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑Corporate Officer —Titla(s):_
❑ Partner — D Limited ❑ General
❑ Attorney in Fad
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
. a
Top of thumb here
<:q < v v<�.Cvvn�as�•.:�sv.Cvs«<C✓.ti.':y<v:v.vsC�<v�sC✓s<iceys'scC,;<�sC✓
u2(Y:N::W'.<v:L�iCq:�e�:(✓:'u:CJ•�!:(v,
'e:
BIDDER'S QUESTIONNAIRE
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
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.
Submitted by: Fast -Track Construction Corporation Telephone: (310) 215-3099
Principal Office Address: 5857 uplander way. Culver City, CA 90280
2. Type of Firm: Cordorsdon
3a.
If a corporation, answer these questions:
Date of Incorporation: 1993 State of Incorporation: caltioMa
President's Name: Richard Tyler
Vice -President's Name: Shiva Ram
Secretary or Clerk's Name: Randy Tyler
Treasurers Name: Angola Grant
3b. If a partnership, answer these questions:
Date of organization: State Organized in:
9
Name of all partners holding more than a 10% interest:
Ragd yler 80% Rk� er20%
Designate which are General or Managing Partners.
Name of person holding CONTRACTOR's license: Richard Tyier
License number: 674880 Class: B&DOS Expiration Date: 7/31/2015
C-16
BIDDER'S QUESTIONNAIRE
(cont'd)
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
5. CONTRACTOR'S Representative: Shiva Ram
Title: Vice President
Alternate: Robby Ragasa
Title: Sr Project Manager
6. List the major construction projects your organization has in progress as of this date:
Owner: (A) Long Beach Community College (B) 5)" Ay
Project Location: Long Beach Sah pla' e
Type of Project: �—nma. aswmo.i-,. Nt d�..,/ Di^ti
I r
C-17
CERTIFICATION OF NON -SEGREGATED FACILITIES
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
The CONTRACTOR certifies that he does not maintain or provide for his employees any segregated
facilities at any of his establishments, and that he does not permit his employees to perform their
services at any location, under his control, where segregated facilities are maintained. The
CONTRACTOR certifies further that he will not maintain or provide for his employees any segregated
facilities at any of his 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 cl e, and that he will retain such
certifications in his files.
Fast -Track Construction Corporation
CONTRACTOR
Required by the May 19, 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor
—32 F.R. 7439, May 19, 1967 (F.R. Vol. 33, No. 33 — Friday, February 16, 1968 — p. 3065).
C-18
NON -LOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Bid No. ENG-13-14-FI017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
City of Santa Clarita, California
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge
and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying
Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such sub -recipients shall certify and disclose accordingly.
THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE `BIDDERS CERTIFICATION"
SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS
WHICH FORM A PART OF THE PROPOSAL, BIDDERS ARE CAUTIONED THAT MAKING A FALSE
CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION.
C-19
DISCLOSURE OF LOBBYING ACTIVITIES
I. Type of Federal Action:
❑ a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
❑ a. bid/offer/application
b. initial award
c. post -award
3. Report Type:
a. initial
b. material change
Material Change Only:
year_ quarter
date of last report
4. Name and Address of Reporting Entity 5. IfRepall in No. 4 is Subawardee,
Enter a and Address of Prime:
EllPrime ❑ Subawardee
Tier _ , if known
Congressional District, if known Congressional
6. Federal DepartmentlAgency: 7. Federal Prom:
CFDA eq if applicable
8. Federal Action Number, if known: 9. surd Amount, if known:
10. a. Name and Address of bby ntity b. Individuals Performing Services (including
(If individual, last e, n[ , MI) address if different from No. l0a)
Gast name, fust name,
gServic�
6 thch Continuation Sheet(s) if necessary)
11. Am5escription
that apply) 13. Type of Payment (check all that apply)
$❑ planned a. retainer
b. one-time fee
12. orat apply): c.. comudssion
e d. contingent fee
ture a deferred
lue f. other, specify
14. Brieerformed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes ❑ No ❑
f6. Information requested through this form is autborized by Title
31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature:
was placed by the der above when his transaction was made
or entered into. This disclosure is required pursuant to 31 Print Name: Shiva Ram
U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any �q� presi0ent
person who fails to file the required disclosure shall be subject Tides
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure. Telephone No: (310)215-3099 Date: 11/4/2013
Authorized for Local Reproduction..
:deral Use Only: Standard Form - LLL
C•20
INSTRUCTIONS FOR COMPLETION OF SF -LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer
or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.
Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items
that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to
the information previously reported, enter the year and quarter in which the change occurred. Enter the date of
the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a
prime or subaward recipient. Identify the tier of the subawardee, e.g., the fust subawardee of the prime is the
first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state
and zip code of the prime Federal recipient Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1
(e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the
contract grant. or loan award number, the application/proposal control number assigned by the Federal agency).
Include prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the fall name, address, city, state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10
(a). Enter Last Name, First Name and Middle Initial (Ml).
1 LEnter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the
lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned).
Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or
planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind
contribution, specify the nature and value of the in-kind payment
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14.Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent
in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s)
employee(s) or Members) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her [tame title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,
including time for reviewing instruction, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden - - - - - -- -- -- - - -
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
C-21
CONSTRUCTION
Fast -Track Construction Corporation
11► � ; u a Y �J►1�1�17T1
Bidder's Firm Name
ONLY LIST PROJECTS MEETING THE CRITERIA AS SPECIFIED
(Copy the form. as necessary to fill one form per project)
Fort MacArthur U.S. Airforce Historic Retrofit
Project Name
Earth Tech, Inc
300 Oceangate, Suite 700, Long Beach, CA 90802
James Overly (562) 951-2106
Owner Name, Address & Telephone Person
HELIX Environmental Planning, Inc
7578 EI Cajon Blvd, Ste 200, La Mesa, CA 91941
R. Bradley Lewis (714) 961-0191
Design Professional's Name,
Address & Telephone
$ 967,954.00
Original Contract Amount
Feb 2006
Project Completion Date
Check Project Type: _ New Building
Gross Square Footage: 40, 000
Instruction to Bidders
September 2013
San Pedro, California
Project Location (City & State)
James Overly
(562) 951-2106
Name & Telephone of Owners Contact
R Bradley Lewis
(714) 961-0191
Name & Telephone of
Design Professional's Contact Person
$ 13,995.00
Total Dollar Amount of All Change Orders Issued
8 Months
Contract Duration
Renovation
use: Federal Office Bldg
(Office, Medical, Classroom)
Santa_Clarha City Hall Seismic. Retrofit-Project,F1017
Page B- 4
General description of work performed:
seismic retrofit
Describe important features of project that has relevance to this Project.
seismic retrofit of historic building
—Instruction-toBidders -- ----- --- --Santa ClarltaCity Hall Seismic -Retrofit Project, F1017____._
September 2013 Page B- 5
ADDENDUM NO,1
Santa Clarita City Hall Seismic Retrofit Project
City Bid No. ENG -13-14-F1017
City Project No. F1017
Federal Aid Project No. PDM 11-PJ21 2011-0002
City of Santa Clarlta, California
October 25, 2013
This Addendum Includes seven (7) 8''A x 11 pages, including this cover sheet and a total of nine (9) 3Dx42 plan
sheets, as a part of the Contract Documents for the above -identified project and modifies the original
Specifications and Contract Documerits, as. noted within. Portions of the Contract, not specifically mentioned in
this Addendum, remain in force. All trades affected shall be fully advised of these changes, deletions, and
additions.
The Items attached as part of this Addendum are as follows:
1. Pre -Bid Conference Sign In Sheet (1 page)
2. Mandatory Pre -Bid Meeting Minutes (3 pages)
3. Outline of revisions to the Contract Documents, including responses to RFI's from Bastien and
Associates, Inc. (2 pages)
4. Revised sheets of plans in full size pdfs (7 Architectural, 1 Mechanical and 1 Electrical)
L (✓tN
Robert G. Ne n
Director of Public Works
City of Santa Clarita
BIDDER'S CERTIFICATE
I acknowledge receipt of this Addendum No.1 and accept the aforementioned.
,2013-d?
Date Bidders Sigr a`ture
THIS DOCUMENT TO BE SUBMITTED WITH BID
ADDENDUM No. 2
SANTA CLARITA CITY HALL SEISMIC RETROFIT PROJECT
City Bid NO. ENG -13-14-F1017
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
Santa Clarita, California
October 31, 2013
This Addendum form includes four (4)pages as a part of the Contract Documents for the above -
identified project and modrfces the original Specifications and Contract Documents, as noted
below. Portions of the Contract, not specifically mentioned in the Addendum, remain in force.
All trades affected shall be fully advised of these changes, deletions, and additions.
SPECIFICATIONS
1. FEDERAL PREVAILING WAGES — The Federal wage determination has been
revised per the General Decision Number: CA130033 10/0412013 MOD 17. New
Wages can be found at the following link
http://www.wdol.gov/wdol/sc&fdes/davisbacon/CA33.dvb?v--17
2. SECTION "B"- Instruction to Bidders — Replace pages B-28 and B-29 with the
attached, REVISED PRECONSTRUCTION DOCUMENTS CHECKLIST
Attachments:
PRECONSTRUCTION DOCUMENTS CHECKLIST: Pages B-28 — B-29
RESPONSES TO RFI'S—BASTIEN AND ASSOCIATES, INC. .
Robert G. Newman Director of Public Works,
City of Santa Clatita
BIDDER'S CERTIFICATE
f acknowledge receipt of this Addendum No. 2 and accept the aforementioned.
2013 1! o S (3 2013
Date Bidder 's Signature
THIS DOCUMENT TO BE SUBMITTED WITH BID
CAPITAL IMPROVEMENT PROJECT AGREEMENT
Contract 13-00441
SANTA CLARITA CITY HALL SEISMIC RETROFIT
City Project F1017
Federal Aid Project No. PDM 11-PJ212011-0002
Santa Clarita, California
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 Fast -Track
Construction Corporation, 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
exhibits, 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
contract documents are hereby made a part of this AGREEMENT 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.
LA #4831-1285-2758 v1
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 hidemnitees 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
LA #4831-1285-2758 vl
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 CrTY.
ARTICLE VIII
CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but not
limited to, the following and as otherwise required by law. The terms of the insurance policy or
policies issued to provide the above insurance coverage shall provide that said insurance may not be
amended or canceled by the carrier, for non-payment of premiums or otherwise, without thirty (30)
days prior written notice of amendment or cancellation to the CITY.
A. 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 CrrY
against incurring any legal cost in defending claims for alleged loss.
Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this
Aereement- City may obtain coverage at CONTARCTOR'S expense and deduct the cost of such
insurance from payments due to CONTRACTOR under this Agreement or terminate In the
alternative, should CONTRACTOR fail to meet any of the insurance requirements under this
agreement- City may cancel the Agreement immediately with no penalty.
Should Contractor's insurance required by this Agreement be cancelled at any point prior to
expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of
cancellation. Furthermore- CONTRACTOR must obtain replacement coverage that meets all
contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation.
CONTRACTOR must ensure that there is no 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:
LA #48311285-2758 vl
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.
B. Worker's Com enation 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.
C. 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.
D. 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.
LA #4831-1285-2758 vl
ARTICLE IX
Pursuant to Senate Bill 542, chaptered in 1999, the Employment Development Department
(EDD) of the State of California requires that a W-9 Form be filed by all vendors for all
AGREEMENTS entered into with the City. CONTRACTOR agrees to complete all required
forms necessary to comply with EDD regulations.
ARTICLE X
A. 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.
B. 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.
C. 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.
D. Severability
In the event that any one or more of the provisions contained in this AGREEMENT shall for any
reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding
shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be
construed as if such unenforceable provisions are not a part hereof.
E. 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.
LA #4831-1285-2758 A
F. 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.
G. Conflict of Interest
CONSULTANT will comply with all conflict of interest laws and regulations including, without
limitation, CITY's conflict of interest regulations.
H. 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 CTI'Y's
Engineering Division or the website for State of California prevailing wage determination at
www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at
the job site.
This contract is subject to 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.
I. 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.
LA #4831-1285-2758 v1
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.
I Federal Prevailine Waves
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:
(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
1(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 (1)(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 §
29 CFR Part 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 (1)(ii) of this section) and the Davis—
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
LA #4831-1285-2758 vl
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 advise 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 (1)(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.
LA W31-1285-2758 vl
(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 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, sponsor,
applicant, or owner, 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 I(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)(1)(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 1(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 for transmission to FEMA. The payrolls submitted shall set out
accurately and completely all of the information required to he maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on
weekly transmittals. Instead the payrolls shall only need to include an individually identifying
number for each employee (e.g., the last four digits of the employee's social security number).
The required weekly payroll information may be submitted in any form desired. Optional Form
WH -347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered
LA #4831-1285-2758 A
worker, and shall provide them upon request to the CrrY for transmission to FEMA, the
contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. It is not a violation of
this section for a prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records, without weekly submission to the
CITY.
(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 provided under
§ 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained
under § 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 (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 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 (3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of FEMA
or the Department of Labor, and shall permit such representatives to interview employees during
working hours on the job. If the contractor or subcontractor fails to submit the required records or
to make them available, the Federal agency may, after written notice to the contractor, sponsor,
applicant, or owner, 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 debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and trainees-- (i) Apprentices. Apprentices will he permitted to work at less
than the predetermined rate for the work they performed when they are employed pursuant to and
LA #4831-1285-2758 vl
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 employed 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 (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job 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 journeyman'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 of the Wage and Hour Division of the U.S. Department of
Labor 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 the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not Iess
than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman 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 determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman 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
LA #4831-1285-2758 vi
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 wage 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 11246, 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 FEMA 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 1, 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 firm 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)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
LA #4831-1285-2758 v1
& Contract Work Hours and Safety Standards Act.
In accordance with 29 CFR 5.5(b), Contractor agrees as follows:
(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 (1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(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 (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (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 (1) through (4) of this section.
L. Incorporation of other Federally -Required Provisions
CONTRACTOR hereby agrees to the additional provisions required by 44 CFR Part 13, as set
forth in Exhibit A to this AGREEMENT, and incorporated herein by reference.
LA #4831-1285-2758 A
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 MOST BE Signed By:
WITNESSED BY NOTARY
CITY:
Attest:
Approved as to Form:
Print Name &
CONTRACTOR's License No.
Class
Mayor/City Manager of the City of Santa Clarita
City Clerk of the City of Santa Clarita
City Attorney of the City of Santa Clarita
Date:
Date:
Date:
EXHIBIT A
LA #4831-1285-2758 vi
CITY OF SANTA CLARITA
SUPPLEMENTARY GENERAL CONDITIONS: FEMA/CEMA
PURSUANT TO FEDERAL EMERGENCY MANAGEMENT AGENCY,
DEPARTMENT OF HOMELAND SECURITY UNIFORM ADMINISTRATIVE
REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE
AND LOCAL GOVERNMENTS
The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C,
Section 13.36, as it may be amended from time to time, are hereby included in the
AGREEMENT and are required to be included in all subcontracts entered into by
CONTRACTOR for work pursuant to the AGREEMENT, unless otherwise expressly provided
herein.
(1) CONTRACTOR shall be subject to the administrative, contractual, and legal remedies
provided in the AGREEMENT, including but not limited to the contract documents, in the event
CONTRACTOR violates or beaches the terms of this AGREEMENT.
(2) CITY may terminate the AGREEMENT for cause or convenience, and CONTRACTOR
may terminate the AGREEMENT, as provided in the AGREEMENT.
(3) CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled
Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR chapter 60), as more fully set
forth in the AGREEMENT. (All construction contracts awarded in excess of $10,000 by CITY
and/or subcontracts in excess of $10,000 entered into by CONTRACTOR).
(4) CONTRACTOR shall comply with the Copeland Anti -Kickback Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and
subcontracts for construction or repair).
(5) CONTRACTOR shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 275a7) as
supplemented by Department of Labor regulations (29 CFR Part 5), and as more fully described
in this AGREEMENT.
(6) CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327 to 330) as supplemented by Department of Labor
regulations (29 CFR Part 5), and as more fully described in this AGREEMENT.
(7) CONTRACTOR shall observe CITY requirements and regulations pertaining to reporting
included in the AGREEMENT.
(8) Patent rights with respect to any discovery or invention which arises or is developed in the
course of or under the AGREEMENT shall be retained by the CITY.
LA #4831-1285-2758 V1
(9) Copyrights and rights in data developed in the course of or under this AGREEMENT shall
be the property of the CITY. FEMA/CEMA reserves a royalty -free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
Federal Government purposes the copyright in any work developed under the Agreement and/or
under subcontracts for work pursuant to the Agreement.
(10) CONTRACTOR shall provide access by the City, CEMA, FEMA, the Comptroller General
of the United States, or any of their duly authorized representatives to any books, documents,
papers and records of the CONTRACTOR which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions.
(11) CONTRACTOR agrees to maintain all books, records, accounts and reports required under
this contract for the latter period of three years after the date of final payment by CITY, or until
all pending matters are closed.
(12) CONTRACTOR shall comply with all applicable standards, orders, or requirements issued
under section 306 of the Clean Air Act, section 508 of the Clean Water Act, Executive Order
11378, and Environmental Protection Agency regulations (40 CFR part 15), as more fully
described in the AGREEMENT. (This provision applies to contracts exceeding $100,000 and to
subcontracts entered into pursuant to such contracts).
(13) CONTRACTOR shall comply with mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in compliance with
the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
LA #4831-1295-2758 v1