HomeMy WebLinkAbout2013-11-12 - AGENDA REPORTS - PROJ S1040 PED BRIDGE DEL MONT (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
November 12, 2013
Curtis Nay
PEDESTRIAN OVER CROSSING DEL MONTE DRIVE,
PROJECT 51040 - AWARD CONSTRUCTION CONTRACT
Public Works
RECOMMENDED ACTION
City Council:
1. Approve the plans and specifications for the Pedestrian Over Crossing Del Monte Drive,
Project S1040.
2. Award the construction contract to John Burgeson Contractors, Inc., in the amount of
$365,431 and authorize a contingency in the amount of $36,543 for a total contract amount
not to exceed $401,974.
3. Authorize the City Manager or designee to modify all documents to contract with the next
lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its
obligations or perform, subject to City Attorney final document approval, contingent upon the
appropriation of funds by the City Council in the annual budget for such fiscal year.
BACKGROUND
The City of Santa Clarita (City) Landscape Maintenance District is responsible for the
maintenance of all pedestrian bridges connecting the paseo system. This project will replace the
existing pedestrian bridge crossing at Del Monte Drive in the Valencia North Valley
neighborhood. Due to the deteriorated condition, the existing timber bridge will be replaced with
a new prefabricated steel truss bridge. The project scope will include removal and replacement of
the existing foundation, abutments, and reconstruction of a portion of each of the approaches. As
part of the ongoing effort to inform the local residents of construction activity in their
community, City staff worked with the nearby Homeowners Association (HOA) to inform them
about the project.
An invitation to bid was published three times: September 15, September 25, and October 5,
2013, and was noticed on the City's website. Plans and specifications were also sent to area plan
rooms. On October 16, nine bids were submitted to the City and opened by Purchasing.
The bid submitted by John Burgeson Contractors, Inc., contained multiplication errors when the
unit quantity was multiplied by the unit price to reach the extended price for various items. The
bid documents include a provision that in the case of discrepancies the unit prices shall govern
over the extended amounts, and City staff has corrected the bid amounts pursuant to this bid
provision.
The corrected amount for the bid results are shown below:
Company
John Burgeson Contractors, Inc.
Moalej Builders, Inc.
Toro Enterprises Inc.
C.A. Rasmussen Inc.
CPO Enterprises Inc.
AMG & Associates, Inc.
Green Building Corporation
Mode Engineering
John S. Meek Company, Inc.
Location Bid Amount
Santa Clarita, CA
$365,431.23
Sherman Oaks, CA
$370,649.00
Oxnard, CA
$374,824.00
Santa Clarita, CA
$395,628.00
Covina, CA
$447,873.00
Santa Clarita, CA
$488,331.00
North Hollywood, CA
$500,741.00
Laguna Niguel, CA
$536,210.00
Gardena, CA
$556,300.00
Staff recommends awarding the construction contract to John Burgeson Contractors, Inc., the
lowest responsive bidder. John Burgeson Contractors, Inc., possesses a valid state contractor's
license and is in good standing with the Contractors State License Board. The contractor's bid has
been reviewed for accuracy and conformance to the contract documents and found to be
complete.
The requested construction contingency amount will cover costs for unforeseen site conditions,
such as removal of unsuitable soil and costs associated with removal of the existing bridge
foundation and abutment.
Adequate funds are available for staff oversight related to construction and project management,
including public works inspection, labor compliance, clerical support, geotechnical testing and
observation, and surveying.
2
City staff will notify local schools and HOAs prior to the start of construction.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
Adequate Landscape Maintenance District funds (Fund 357) from Zone T-1 Ad Valorem and
Zone T-7 are available in the project expenditure account to provide for all project costs
including construction, staff oversight related to construction and project management, including
public works inspection, labor compliance, clerical support, geotechnical testing and observation,
and surveying.
ATTACHMENTS
Location Map
Bid Proposal for John Burgeson Contractors, Inc., available in the City Clerk's Reading File
Contract for John Burgeson Contractors, Inc., available in the City Clerk's Reading File
l `'"°f SANTA CLARITA ,
hrf Del Monte Drive ° F"
POC Replacement
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Legend
Mq s Project S1040 �•»
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SECTION C: PROPOSAL
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
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, that the estimated quantities set forth in
BID SCHEDULE are solely for the purpose of comparing bids, and that final compensation under the
contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY
RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY
SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump
sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of
discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall
govern over figures.
If awarded the contract, the undersigned further agrees that in the event of the Bidder's default in
executing the required contract and filing the necessary bonds and insurance certificates within ten
working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds
of the security accompanying this bid shall become the property of the AGENCY and this bid and the
acceptance hereof may, at the AGENCY's option, be considered null and void.
BIDDER agrees that the price bid for the project shall include all cost covering the performance of
work, including the furnishing of labor, materials, tools, and equipment. BIDDER further agrees that
the cost of work necessary for the completion of a particular Bid Schedule item has been included in
the price bid for that item unless the work is specifically included in another item; and if there is no bid
item for a particular item of work, full compensation for such work shall be considered as included in
the price bid for other items of work.
Contractor Name:hr
Contractor Address: 111-50 Kiat e'yn . RA.
0
Signature:
Date:
IC �i5-1�
C-1
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
City of Santa Clarita
BID SCHEDULE
ITEM
NO.
DESCRIPTION
UNIT
QTY.
UNIT PRICE
TOTAL
1
Mobilization (not to exceed 3% of bid)
LS
1
$ Ir'%
$
2
Traffic Control
LS
1
$ -
$ �- 4
3
Water Pollution Control
LS
1
$ '--p 41
$.21,4 71, ov
4
Clearing and Grubbing
LS
1
$ c
$ - c0 h,
5
Structure Excavation
CY
176
$ 1-e).(,<
( ?'47wc,
6
Structure Backfill
CY
142
$-110 ;
-110; 00
$ i+4100
$
7
Pervious Backfill
CY
7
$ )'00'3'(:X
8
Pedestrian Path
CY
6
$ ac} ,00
$ ) 141L -,coo
9
Structural Concrete (Bridge)
CY
45
$ I
$ .
10
Bar Reinforcement (Bridge)
POUND
7,239
$ , 7
$, 5 35C•.
11
Joint Seal (Type B)
LF
20
$ •
12
Brick Masonry Construction
LF
130
$ 7 ,
$ 15-z)y
13
Lightweight Concrete (Bridge)
CY
18
$ 5
$ 4 /q, G+0
14
Miscellaneous Metal (Bridge)
LS
1
$ 1 eT,9.Qn
$ % &,00
15
Tubular Handrailing (Bridge)
LF
268
$ zR:;
$ O 03.00
16
Remove, Salvage & Reconstruct Metal
Tubular Handrailin Pedestrian Path)LF
69
$ �� 05
$
17
Remove, Salvage & Reconstruct Steel
Tubular Fence
LF
30
$ qg, O
$ o0
18
Chain Link Fence (Bridge)
LF
244
$ --�, c
$ e p
19(S)
Furnish Prefabricated Steel Truss
EA
1
$ e
20
Erect Steel Truss
LS
1
$ oo
$ IID 0' Gc1
21
1 Pedestrian Path Light Construction
EA
2
$
$ —:�500'e)o
GRAND TOTAL:
$ ,>g �n
Grand Total Bid in Words: -
C-2
DESIGNATION OF SUBCONTRACTORS
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
City of Sana Clarita, California
Listed below are the names and locations of the places of business of each subcontractor,
supplier, and vendor who will perform work or labor or render service in excess of % of 1
percent of the prime contractor's total bid. The form MUST be returned with bid, filled in or
annotated with "No Subcontractors" if none will be used.
Subcontractor:
% of Contract Work:
GC<i� o7'Fth"YM UX��i-�C
License No.:
Exp. Date: / /
Phone 14 5z' - o e
LocationofPlace of Business:
?L &C 10 6f'wle.
Bid Schedule Item Nos:
De cription of Work
t -.k 3
lvnker vel + �o,,+
DBE status ES or NO
DBE type:
DBE $ Value of Work:
Certif in agency:
A e of firm:
Annual gr(receipts:
Subconttr�rractor:
% of Contract Work:
GC<i� o7'Fth"YM UX��i-�C
License No.:
Exp. Date: / /
Phone o 34 3 831
Location of Place of Business:
Bid Schedule Item Nos:
De cription of Work
t -.k 3
lvnker vel + �o,,+
DBE status YES or NO
DBE type:
DBE $ Value of Work:
Certifying agency:
Age of firm:
Annual ross recei ts:
NOTE For public construction projects ONLY:
Total percentage of work by subcontractors may not exceed 50% unless otherwise specified
in this document.
C-3
11�¢i ri4�
S`' PPI r t
DESIGNATION OF SUBCONTRACTORS
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
City of Santa Clarita, Calffornia
Subcontractor:
License No.:
Exp. Date: /
% of Contract Work:
°hone
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 recei ts:
Subcontractor:
License No.:
Exp. Date: /
% of Contract Work:
Phone
Location of Place of Business:
Bid Schedule Item Nos:
Description of Work
DBE status YES or NO
Certifying agency:
DBE type:
Aae of firm:
DBE $ Value of Work:
Annual gross recei ts:
Subcontractor:
License No.:
Exp- Date: 1 1
% of Contras or
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 50% unless otherwise specified
in this document.
M
DESIGNATION OF SUBCONTRACTORS
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
City of Santa Clarita, California
Subcontractor:
License No.
Exp. Date:
% of Contract Work:
Phone
Location of Place of Business:
Bid Schedule Item Nos:
Description of Work
Bid Schedule Item Nos:
Description of Work
DBE $ Value of Work:
Annual gross receipts:
DBE status YES or NO
Certifying a en
DBE type:
Age of firm:
DBE $ Value of Work:
Annual qross receipts:
Subcontractor:
License No.:
Exp. Date: / /
% of Contract Work:
Phone
Location of Place of Business:
Bid Schedule Item Nos:
Description of Work
DBE status YES or NO
Certif in agency:
DBE type:
A e of firm:
DBE $ Value of Work:
Annual gross receipts:
Subcontractor:
License No.:
Exp. Date: /
% of Contract Work:
Phone
Location of Place of Business:
Bid Schedule Item Nos.
Description of Work
DBE status YES or NO
Certifying agency:
DBE type:
A e of firm:
DBE $ Value of Work:
Annual gross receipts:
NOTE For public construction projects ONLY:
Total percentage of work by subcontractors may not exceed 50% unless otherwise specified in
this document.
C-5
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
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. hK c{ ddress C'��r,ic�39v c �viUc f31vc�rcle C Jerd, CA
Name and Aof Owner / Agency
zi' 1 c-+ ce
ov
2.
3.
ef)
L,D-s A ne- (' S,
The following are the names, addresses, and telephone numbers of all brokers and sureties from
whom BIDDER intends to procure insurance bonds:
�jdt�[tCr 't"an�ireir,c� ev��V - itc*r�ugi� i�-�1e�rJ 5118-51�-7,SSS
C-6
ZC1 r �rcc>
Contractor's Na
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
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, insert the exceptions in the following space.
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.
IVn:' a
NOTE: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof
shall also constitute signature of this Certification.
C-7
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
City of Santa Clarita, Califomia
This bidder doh n � rain C'DA4. proposed subcontractor � 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 X , filed with the Joint Reporting Committee, and Director of
Office of Federal Contract Compliance, a Federal Government contracting or administering
AGENCY, or the former Presid is Committee on Equal Employment Opportunity, all reports that
are under the applicable filihia'wdirements.
Company: h t✓ e's C r cnr
By:
Title:
Date: 1D . V; -13
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.
100
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: .0nvr YJviraav, l on�r�c�nr� Sv r
Business Address: 11LE�y 06- Ccnunn LgA cii390
Telephone No.: L& -25' L �4 4cl 2
State CONTRACTOR's License No. & Class: 3oS_-�r-Jcf 4 X C -'�
Original Date:_ 71131 f .1 7S Expiration Date: S I ?35 i 5
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:
I== Fill ARM - =
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal
having an interest in this proposal was an owner, corporate officer, partner or joint venture are as
follows:
C-9
All Current and prior DBAs, alias, and/or fictitious business names for any principal having an interest
in this proposal are as follows:
IN WITNESp WHE E� DER executes and submits this proposal with the names, title, hands,
and seals o all afor m toned principals this i 5 day of n r20f .
Subscribed and swom to this �S day of
ej
Notary Public C—�s
OMYRAMID MAR
COMM. #1909567 z
Notary Public • California azLos Angeles.Goun"o Comm. Expires:Nov. 11, 2014
C-10
bQl! 20.
Bond #10005225
PROPOSAL GUARANTEE
BID BOND
DEL MONTE DRIVE
- �Ef7ES-T IAN -BRIDGE f2EPLACEMEN�
PROJECT S1040
Cit—of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that John Burgeson Contractors, Inc. as
.BIDDER, and American Safety Casualty Insurance Company as SURETY, are held
and firmly bound unto the City of Sanfa" Clarita, as AGENCY, in the penal sum of
Forty thousand dollars (S 4C,000.D0 ), 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. I)_e\parties hereto have set their names, titles, hands, and seals, this
15th d of Octo er 20 13
BIDDER John Bu es
on C t aetors, Inc.
_ By:
John V/Bur son, Presid
SURETY* American Safety C u y sura mpany
By.
Keith Sandrock, Atto In Fact
Subso bFd and sworn to this day of 20_
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.
"See attached notary acknowledgment"
C-12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of Los Angeles J}
On 10/15/13 before me, Rey Vill, Notary Public
Dau - Moro Iroerla
N" an. m of tl bar
personally appeared Keith Sandrock
Mam*j or 52ne
who proved to me on the basis of satisfactory evidence to
be the personA whose nameM islar2 subscribed to the
within instrument and acknowledged to me that
he. 10 /thy executed the same in hi&1Wfittkir authorized
cepacityf as), and that by hia>91Wtr signatur4K on the
Rt7 VILLA Instrument the person(s), or the entity upon behalf of
Commission • 198/116
which the person acted, executed the instrument,
r
-o Notery Public • �eilfernle z z
Ventura County I certify under PENALTY OF PERJURY under the laws
i 1 My Comm. ExpGee Jul 2, 2016 of the State of California that the foregoing paragraph is
true and correct
WITNESS my hand and official sea)(I
Sign aturep u
Place Nottry Sul App! NYv4 of Nealy PulYi
OPTIONAL
Though the information below is not required bylaw, It may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another OCUment -
Re'scription of Attached Document
Title or Type or Document: Bid Bond # 10005225
Document Date:
10/15/13 Number of Pages:
Signer(s) .Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name: Keith Sandrock
Signer's Name;
13 Individual
0 Individual
0 Corporate Officer—Title(s):
Cf Corporate Officer—Title(s): -
f Partner —Q Limited CJ General _ ,..
0 Partner -0 Limited CJ General
j6 Attorney in Fact
TOP of lmom�here
u Attorney in Fact
Top W Ihwnll Wo -
0 Trustee
0Trustee
ia Guardian or Conservator
b. Guardian or conservetor
0 Other:
.Other.– _
Signer is Representing:
Signer Is Representing:
p,l2ppy NtloiW Nottry AuaYeal•e750 De sob Ma, P.0.9ox 2402 Cheiawlh,CA e18i3i402 www NYlauYNobryore IMm'15901 PaoNer.CaYTd4rFtoe l-BOOdYEe87r
.
AR POWER OF ATTORNEY Number10005225
Aaeaa�NSs�rvllusneuxte
KNOW ALL MEN BY THESE PRESENTS, Ihat.American Safety Casualty Insurance Company has made, constituted and appolntod;_and by these
presents does make, constitute and appoints..
Keith Sandrock, Atlanta, GA
as true and lawful attomey-in-fadL`for `I and its name. place, and stead to execute on behaB of the said Company, as surety, bands, undertaking and
contracts of suretyship to be given le„
ALL OBLIGEES
providerf thatrwbohd'ot tsrAenaking ro(contra ei o(4l iotyahlp'aiescuted under this authority shall exceed in amount the sum of
$1,000,000.00
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 the.Con"lly of the 26th day of April, 2012:
RESOLVED, that file President in conjunction with the Secretary or any Assistant Secretary may appoint atto neysan-fact or agents with authority as
defined or limped In the inshument evidencing Ilse appointment in each case, for clad 'on behalf of the Company, to execute and deliver and affix the
seal oftho Company to bands, undertakings, recognizances, and suretyship obligations of allkinds: and said officers may remove any such attorney -In -
fact or agent and revoke any power of attorney previously granted to such persons.
RESOLVED FURTHER, that ;any. bond, undertaking, recognizance. or suretyship obligation snap be valid and.binding upon the Company (i) when
signed by the President or any Viece Pmildent and attested and sealed (i( a seal is required) by any Secretary or Assistant Secretary or (u) when signed;
by the President or any,Vicew irleat or.Seeretary or Assistant Secretaryand counter -signed and soared (if a seal is required) by a duly authorized
altorneyirhlaCt W agadrnytte)'when,titlty executed and seated (8 a seal is required) by,one or mors attorney-ir-fact oragents pursuarh to and within.
the limits oflhe authorityeVidencad by the power:bf attorney issued by the Company to such person or persons.
RESOLVED FURTHER; that the signature or any authorized ofim� and the sealof the Company maybe affixed by facsimile to:any Povier of attorney
orcertificationlhereof authorizing the execution and ,"ivory .of any bond..undertaking, recognizance, orother surelyship'obligations of the Company;
and such signature and sea[ when soused shelf have the same force and effects as though manaallyaffixed.
IN WITNESS WHEREOF, American Safety Casuahy.tnsurance Company has caused its official seal to beheropnlgafhxed, and. these _presents to be.
signed by ns President and chested by its Secretary this 25th day of April 2012: .
Attest
u tti.."'
Ambuj Jaln
STATE OF GEORGIA )
)
COUNTY OF COBB' )
fo
"u �y�
�3 nu k
Joseph 1) II Jr. ..
4q rrrdlllgltx\�`
A
MAR.
27,
2016
the undersigned, Secretary of American Safety Casualty Insurance Comp3hy.'U l
and attached Power of Attorney remains in full force and has not been revoked;andf
In the said Power: of Allomey, is now in force.
Signod and. sealed in the City or Nanta, in the Sats of Geargla
Wt
�R s' t. a
iinA
Oli ecIANS Lf Oay of.. G
Ambuj Jaill
Y, that the foreg
of Oneclors set fa'
ACKNOWLEDGMENT
State of California
County of Los Angeles )
On 10/15/2013
before me, Hamid Nessar, a Notary Public
(insert name and title of the officer)
personally appeared John Burgeson
who proved to me on the basis of satisfactory evidence to be the person($) whose name(X) is/are
subscribed to the within instrument and acknowledged to me that he/sbelthey executed the same in
his/t3�ir authorized capacity(ias), and that by his1hQF4heir signatures on the instrument the
person (�f or the entity upon behalf of which the person) acted, executed the instrument.
I certifyunderPENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
PJiG( ef>r,-'
(Seal)
NAMID NESSAR
COMM. x1909567 z
sNotary Public - California G
Z( Los Angeles County
»c
Comm. Expires Nov, 17, 2014
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
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 contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the Bidder
has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee
to any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE "BIDDER'S
CERTIFICATION" SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF
THOSE CERTIFICATIONS WHICH FORM A PART OF THE PROPOSAL. BIDDERS ARE
CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO
CRIMINAL PROSECUTION.
C-13
NON -COLLUSION AFFIDAVIT
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT 51040
City of Santa Clarita, California
TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )) §
�)-c n r�� p n being first duly sworn deposes and says that
he is the 1 rlenf (sole owner, a partner, president, etc.) of
S
V) , the party 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 orAer fpcial 'nterest with said BIDDER in his general business.
Signed:
Title
Subscrt �rt��5p
ed and sworn to and before me this �S day of Q / , 20_
Seal of Notary
=No
AN95" zy alifornia pz ountyMov. 17, 2014
C-14
BIDDER'S QUESTIONNAIRE
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
City of Sarrta Clarita, Cafifomia
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.
1. Submitted by: ache) -�5+
Principal Office Address:
2. Type of Firm: Ce e c
Corporate: X
Individual:
3a.
If a corporation, answer these questions:
Date of Incorporation:
President's Name: • 76iw)
Vice -President's Name:
Secretary or Clerk's Name: oa, >
Treasurer's Name: 70),)1, t!DLAMca_a
3b. If a partnership, answer these questions:
Date of organization: �3, State Organized in:
Name of all partners holding more than a 10% interest:
Designate which are General or Managing Partners.
4. Name of person holding CONTRACTOR'S license:
License number: ' i4 Class: A -PDC -z9 Expiration Datd. G
C-15
BIDDER'S QUESTIONNAIRE
(cont'd)
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT 51040
City of Santa Clarita, Callfomia
5. CONTRACTOR's Representative: lh -Bu r�a�
Title:
Alternate:
Title:
6. List the major construction projects your organization has in progress as of this date:
Owner: (A)
Project Location:
Type of Project:
A
C-16
CERTIFICATION OF NON -SEGREGATED FACILITIES
DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
PROJECT S1040
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 pr ed sub ontractors prior to the award
of subcontracts exceeding $10,000 which are not empt m e provisions of the Equal
Opportunity clause, and that he will retain such certifi tions i hi es.
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-17
John Burgeson wu on Road
1 Ag°a DubMillt e CA.91390
CITy g SANTA IL ARITA
lt,3 OCT 1 b A 11T 4 3
PURCNASI� G
SEALED BID FOR DEL MONTE DRIVE
PEDESTRIAN BRIDGE REPLACEMENT
CITY BID ENG13-14-51040
CITY OF SANTA CLARI TA CALIFORNIJ
DO NOT OPEN WM REGULAR MAIL
CAPITAL IMPROVEMENT PROJECT AGREEMENT
Contract 13-00395
Del Monte Drive
Pedestrian Bridge Replacement
Project 51040
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
JOHN BURGESON CONTRACTORS, INC. as CONTRACTOR.
CITY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
That contract documents for the aforesaid project shall consist of the Notice Inviting Bids,
Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special
Provisions, Plans, and all referenced specifications, details, standard drawings, special drawings,
appendices, and City's Labor Compliance Program; together with this AGREEMENT and all
required bonds, insurance certificates, permits, notices, and affidavits; and also including any and
all addenda or supplemental agreements clarifying or extending the work contemplated as may
be required to insure its completion in an acceptable manner. All of the provisions of said
AGREEMENT documents are made a part hereof as though fully set forth herein.
ARTICLE H
For and in consideration of the payments and agreements to be made and performed by CITY,
CONTRACTOR agrees to furnish all materials and perform all work required for the above -
stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full
compensation for furnishing all materials, performing all work, and fulfilling all obligations
hereunder. Said compensation shall cover all expenses, losses, damages, and consequences
arising out of the nature of the work during its progress or prior to its acceptance including those
for well and faithfully completing the work and the whole thereof in the manner and time
specified in the aforesaid contract documents; and also including those arising from actions of
the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work,
suspension or discontinuance of the work, and all other unknowns or risks of any description
connected with the work.
Revised 1/2012 Page 1 of
ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to
provide the materials, do the work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay
the same at the time, in the manner, and upon the conditions set forth in the contract documents.
ARTICLE V
City and its respective elected and appointed boards, officials, officers, agents, employees, and
volunteers (individually and collectively, "Indemnitees") shall have no liability to
CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect,
and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of
action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever
nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which
Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or
arising out of any injury to or death of any person(s), damage to property, loss of use of property,
economic loss, or otherwise occurring as a result of or allegedly caused by the
CONTRAC'TOR'S performance of or failure to perform any services under this Agreement, or
by the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or
employees, committed in performing any of the services under this Agreement.
If any action or proceeding is brought against Indemnitees by reason of any of the matters
against which CONTRACTOR has agreed to indemnify Indemnitees as provided above,
CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel
acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have
fust paid for any of the matters to which Indemnitees are entitled to indemnification in order to
be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in
this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this
section shall survive the expiration or earlier termination of this agreement.
The provisions of this section do not apply to Claims occurring as a result of the City's active
negligence or acts of omission.
ARTICLE VI
CONTRACTOR affirms that the signatures set forth hereinafter in execution of this
AGREEMENT represent all individuals, firm members, partners, joint venturers, or corporate
officers having principal interest herein.
ARTICLE VII
Nature of Relationship
CONTRACTOR shall not be subject to day-to-day supervision and control by CITY employees
or officials. CONTRACTOR shall perform services in accordance with the rules, regulations
Revised 112012 Page 2 of 7
and policies of CITY respecting such services, and in accordance with appropriate standards of
professional conduct, if any, applicable to the services provided. CITY shall not be responsible
for withholding any payroll or other taxes on behalf of CONTRACTOR. It is understood and
agreed that the CONTRACTOR is, and at all times shall be, an independent CONTRACTOR
and nothing contained herein shall be construed as making the CONTRACTOR, or any
individual whose compensation for services is paid by the CONTRACTOR, an agent or
employee of the CITY, or authorizing the CONTRACTOR to create or assume any obligation of
liability for or on behalf of the CITY.
ARTICLE VIII
CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but
not limited to, the following and as otherwise required by law. The terms of the insurance policy
or policies issued to provide the above insurance coverage shall provide that said insurance may
not be amended or canceled by the carrier, for non-payment of premiums or otherwise, without
thirty (30) days prior written notice of amendment or cancellation to the CITY. In the event the
said insurance is canceled, the CONTRACTOR shall, prior to the cancellation date, submit to the
City Clerk new evidence of insurance in the amounts established.
Liabilitv Insurance
During the entire term of this agreement, the CONTRACTOR agrees to procure and maintain
General Liability insurance at its sole expense to protect against loss from liability imposed by
law for damages on account of bodily injury, including death therefrom, suffered or alleged to be
suffered by any person or persons whomsoever, resulting directly or indirectly from any act or
activities, errors or omissions, of the CITY, or CONTRACTOR or any person acting for the
CITY, or under its control or direction, and also to protect against loss from liability imposed by
law for damages to any property of any person caused directly or indirectly by or from acts or
activities of the CITY, or CONTRACTOR or any person acting for the CITY, or under its
control or direction. Such public liability and property damage insurance shall also provide for
and protect the CITY against incurring any legal cost in defending claims for alleged loss. Such
General, Public and Professional liability and property damage insurance shall be maintained in
full force and effect throughout the term of the AGREEMENT and any extension thereof in the
amount indicated above or the following minimum limits:
A combined single limit liability policy in the amount of $2,000,000 or a commercial general
liability policy with a $2,000,000 occurrence limit and a $4,000,000 aggregate limit will be
considered equivalent to the required minimum limits.
All of such insurance shall be primary insurance and, shall name the City of Santa Clarita as
additional insured. A Certificate of Insurance and an additional insured endorsement (for general
and automobile liability), evidencing the above insurance coverage with a company acceptable to
the City's Risk Manager shall be submitted to City prior to execution of this Agreement on
behalf of the City.
Revised 1/2012
Page 3 of 7
Should CONTRACTOR for any reason fail to obtain and maintain the insurance required by
this Agreement City_may obtain coverage at CONTARCTOR'S expense and deduct the cost of
such insurance from payments due to CONTRACTOR under this Agreement or terminate. In
the alternative should CONTRACTOR fail to meet any of the insurance requirements under this
agreement City may cancel the Agreement immediately with no penalty.
Should Contractor's insurance required by this Agreement be cancelled at any point prior to
expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of
cancellation. Furthermore CONTRACTOR must obtain replacement coverage that meets all
contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation.
CONTRACTOR must ensure that there is no lapse in coverage.
If the operation under this Agreement results in an increased or decreased risk in the opinion of
the City Manager, then the CONTRACTOR agrees that the minimum limits herein above
designated shall be changed accordingly upon request by the City Manager.
The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance
shall not be construed as limiting in any way the extent to which the CONTRACTOR may be
held responsible for the payment of damages to persons or property resulting from the
CONTRACTOR's activities or the activities of any person or persons for which the
CONTRACTOR is otherwise responsible.
Worker's Compensation Insurance
The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation
Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply
with the laws of the State of California and which shall indemnify, inure and provide legal
defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising
from any injuries or occupational diseases happening to any worker employed by the
CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such
insurance shall also contain a waiver of subrogation naming the City of Santa Clarita.
Automotive Insurance
The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this
AGREEMENT, and any extension thereof, public liability and property damage insurance
coverage for automotive equipment with coverage limits of not less than $1,000,000 combined
single limit. All such insurance shall be primary insurance and shall name the City of Santa
Clarita as an additional insured.
Fire and Extended Coverage Insurance (Services involving real property only)
CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this
Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism
insurance.
Revised 1/2012 Page 4 of 7
ARTICLE IX
Pursuant to Senate Bill 542, chaptered in 1999, the Employment Development Department
(EDD) of the State of California requires that a W-9 Form be filed by all vendors for all
AGREEMENTS entered into with the City. CONTRACTOR agrees to complete all required
forms necessary to comply with EDD regulations.
ARTICLE X
Term
This AGREEMENT shall be effective for a period beginning on the date shown in the Notice to
Proceed, and ending on 35 days after the date of recordation of the Notice of Completion unless
sooner terminated.
Modification/ Termination
No modification, amendment or other change in this AGREEMENT or any provision hereof
shall be effective for any purpose unless specifically set forth in writing and signed by duly
authorized representatives of the parties hereto. This AGREEMENT may be terminated with or
without cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any
reduction of services shall require thirty (30) days advance written notice unless otherwise
agreed in writing between CONTRACTOR and CITY. In the event of termination,
CONTRACTOR shall be entitled to compensation for all satisfactory services completed and
materials provided to the date of the notice of termination.
Conflict of Interest
CONTRACTOR will comply with all conflict of interest laws and regulations including, without
limitation, CTTY's conflict of interest regulations.
Non -Effect Waiver
CONTRACTOR's or CITY'S failure to insist upon the performance of any or all of the terms,
covenants, or conditions of this Agreement, or failure to exercise any rights or remedies
hereunder, shall not be construed as a waiver or relinquishment of the future performance of any
such terms, covenants, or conditions, or of future exercise of such rights or remedies, unless
otherwise provided for herein.
Severability
In the event that any one or more of the provisions contained in this AGREEMENT shall for any
reason be held to be unenforceable in any respect by a court of competent jurisdiction, such
holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall
then be construed as if such unenforceable provisions are not a part hereof.
Governing Law
Revised 112012 Page 5 of 7
This AGREEMENT shall be construed and interpreted and the legal relations created thereby
shall be determined in accordance with the laws of the State of California.
Comoliance with Law
CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the
federal, state, and local government, including City's Labor Compliance Program.
CONTRACTOR shall comply with all aspects of the National Pollutant Discharge Elimination
System (NPDES) in order to prevent pollution to local waterways. Failure to implement NPDES
Requirements shall result in project delays through City issued Stop Work Notices and/or fines
levied against the CONTRACTOR.
Prevailine Wages
If required by applicable state law including, without limitation Labor Code §§ 1720 (as
amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its
workers prevailing wages. It is CONTRACTOR's responsibility to interpret. and implement any
prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages
resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2,
copies of the prevailing rate of per diem wages are available upon request from CITY's
Engineering Division or the website for State of California prevailing wage determination at
www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at
the job site.
This contract is subject to state prevailing wage requirements of the California Labor Code
including Sections 1770 and 1773, and the City's California Department of Industrial Relations
(DIR) approved Labor Compliance Program. All covered work classifications required in
performance of this contract will be subject to prevailing wage provisions. The Contractors and
its subcontractors shall pay not less than the state wage rates. Contractor shall further adhere to
the requirements contained in the City of Santa Clarita's Labor Compliance Program. A copy of
the Labor Compliance Program is available for review upon request at the Office of the City
Clerk. All pertinent state statues and regulations, including, but not limited to those referred to
in this contract and in the City's Labor Compliance Program, are incorporated herein as though
set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current
edition of all applicable state statues and regulations and adhering to the latest editions of such.
Protection of Resident Workers
The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and
nondiscrimination. Under the INA, employers may hire only persons who may legally work in
the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the
U.S. The employer must verify the identity and employment eligibility of anyone to be hired,
which includes completing the Employment Eligibility Verification Form (I-9). The Contractor
shall establish appropriate procedures and controls so no services or products under the Contract
Revised 1/2012 Page 6 of 7
Documents will be performed or manufactured by any worker who is not legally eligible to
perform such services or employment.
The parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do
hereby agree to the full performance of the covenants herein contained and have caused this
AGREEMENT to be executed in duplicate by setting hereunto their names and titles this
day of 20_.
CONTRACTOR: CONTRACTOR Name:
Address:
Phone & Fax No.
ALL SIGNATURES MUST 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:
Revised 1/2012 Page 7 of 7