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2013-06-25 - AGENDA REPORTS - SAFE ROUTE SCHOOL PROJ T0035 (2)
CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 11 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: June 25, 2013 Curtis Nay SAFE ROUTES TO SCHOOL INFRASTRUCTURE, PROJECT T0035 - AWARD CONSTRUCTION CONTRACT Public Works RECOMMENDED ACTION City Council: 1. Approve the plans and specifications for the Safe Routes to School Infrastructure, Project T0035. 2. Award the construction contract to R.C. Becker and Son, Inc., in the amount of $241,395, and authorize a contingency in the amount of $48,279, for a total contract amount not to exceed $289,674. 3. Authorize the City Manager or designee to execute all necessary documents subject to the approval of the City Attorney. 4. 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 fundsby the City Council in the annual budget for such fiscal year. BACKGROUND The Safe Routes to School construction effort consists of physical improvements at crossings near James Foster Elementary School, Skyblue Mesa Elementary School, and Pinetree Community School. The project will enhance student safety by reducing the speed of vehicles near school grounds and increasing the visibility of school crossings. The improvements will also allow students to safely walk and bike to school. This project received support from the selected schools and school districts. AppnqLgi ED NU This federally funded project includes restriping crosswalks, replacing existing school signage with more visible signs, improving sidewalks, constructing access ramps, and constructing bulb -outs at select school crossings. Bulb -outs are traffic -calming features that narrow the street by widening the sidewalk at crossings, thereby reducing traffic speeds and shortening the crossing distance for pedestrians. This is the City of Santa Clarita's (City) seventh round of improvements, having completed similar projects at 15 other school locations throughout the City. The previous project awarded in May will also be in construction this summer. Staff successfully secured a Safe Routes to School federal grant for a total participation cost of $587,200 for design and construction. On April 30, 2013, the City received authorization from the California Department of Transportation to proceed with construction. Design is complete, and the construction is ready to begin. An invitation to bid was published three times: May 3, May 6, and May 8, 2013, and was noticed on the City's website. Plans and specifications were also sent to area plan rooms. Three bids were submitted to the City and opened by Purchasing on June 4, 2013. The results are shown below. Company Location Bid Amount R.C. Becker and Son, Inc. Santa Clarita, CA $241,395 C.A. Rasmussen, Inc. Santa Clarita, CA $287,530 G2K Construction, Inc. Encino, CA $337,700 Staff recommends the project be awarded to R.C: Becker and Son, Inc., the lowest responsive bidder. The contractor 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 20 -percent construction contingency amount requested will cover costs for unforeseen site conditions associated with lowering the street surface to accommodate positive drainage. Actual quantities of the removal and replacement of the existing pavement and base sections will be determined during construction. Adequate funds are available for labor compliance services, staff oversight, construction engineering, survey, quality assurance inspection, and project management. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT Federal grant funds in the amount of $587,200 are currently budgeted in project expenditure account T0035259-5161.001. Expenditures to date are $14,454.24. The remaining budget of $572,745.76 is anticipated to cover all project costs. 2 ATTACHMENTS Location Map Bid Proposal for R.C. Becker and Son, Inc. available in the City Clerk's Reading File Contract for R.C. Becker and Son, Inc. available in the City Clerk's Reading File No y e? 3dF s rE y v i 21, O �+ AN CANVON•RO\�4. ¢k� TI t a S % I :.{•�•/ /!"lam �. J �<� +�� r_ '\iC U a � 51 • m _F ` wJ` y, `1 x � GOLDEN -4 P .i y __ a, T.._ L_. ^� - � , -.>.. .S`• `l'` Y�. ,h, +,F6:% --- 4t�` " 7� vP� __ ' ^'Y _ �<>i O.'Sf RAILROAD'AV _.-�L-�-t�- 1. •'J�t�l _ VLD • `' FQ ZHE 00 )% y/' / , Sof ��• V� -- a SECTION C: PROPOSAL SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) 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, 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. Company Name: R.C. Becker and Son, Inc Company Address By: Title: Signature: Date: 28355 Kelly Johnson Parkway Santa Clarita, CA 91355 John Becker Print Name Vice President 6-4 13 f C-1 i y REVISED BID SCHEDULE SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa Clarita, California ITLM NO... ITEM DESCRTI ON IP .. -. ' _- ,: , UNITS QYT UNIT COST, TOTAL ST 1 MOBILIZATION, INCLUDING BONDS, INSURANCES (NOT TO EXCEED 3% OF TOTAL BID) LS= 1 $2,170.00 $2,170.00 2 DEMOBILIZATION (NOT LESS THAN 0.5% OF TOTAL BID) LS 1 $1,210.00 $1,210.00 3 CLEARING AND GRUBBING LS 1 $4,977.33 $4,977.33 4 WATER POLLUTION CONTROL AND IMPLEMENT BEST MANAGEMENT PRACTICES (BMPS) LS 1 $1,283.05 $1,283.05 5 TRAFFIC CONTROL LS 1 $3,826.25 $3,826.25 6 REMOVE AC PAVEMENT SF 14,500 $1.46 $21,170.00 7 REMOVE CONCRETE CURB & GUTTER LF 600 $7.34 $4,404.00 8 REMOVE CONCRETE SIDEWALKICURB RAMPS/DRIVEWAY/CROSS GUTTERS SF 6,300 $1.41 $8,883.00 9 4.5" AC (1.5" C2PG 64-10 & 3" BPG 64-10) OVER 6" CAB SF 11,500 $5.45 $62,675.00 10 CONCRETE CURB RAMP INCLUDING DETECTABLE WARNING PANELS EA 10 $703.99 $7,039.90 11 4" PCC SIDEWALK SF 6,000 $4.95 $29,700.00 12 6" CURB @ BACK OF RAMP LF 75 $34.53 $2,589.75 13 6" CONCRETE CURB & GUTTER LF 600 $34.53 $20,718.00 14 6" PCC DRIVEWAY SF 600 $5.56 $3,336.00 15 ADJUST GAS VALVE TO GRADE EA 1 $200.00 $200.00 16 ADJUST WATER VALVE TO GRADE EA 6 $75.00 $450.00 17 REMOVE AND REPLACE 4" CURB DRAIN EA 1 $100.00 $100.00 18 REMOVE LANDSCAPING AND CAP & ADJUST IRRIGATION LINES SF 600 $1.00 $600.00 19 REMOVE AND RELOCATE EXISTING FENCE LF 90 $118.22 $10,639.80 20 LANDSCAPING AND IRRIGATION SF 1,850 $1.00 $1,850.00 21 8" PCC CROSS GUTTER EA 3 $3,746.88 $11,240.64 22 SIGNING & STRIPING PER PLANS LS 1 $13,701.10 $13,701.10 23 FURNISH AND INSTALL SPEED FEEDBACK SIGN AND TYPE 1-B POLE EA 2 $14,316.02 $28,632.04 TOTAL BASE BID IN FIGURES $ $241,395.86 - TOTAL AMOUNT OF BASE BID IN WORDS: Two hundred forty one thousand three hundred ninety five dollars and eighty six cents C-2 DESIGNATION OF SUBCONTRACTORS SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa C/arita, 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 1/2 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. For projects receiving federal funds DBE type certifying agency age of firm and annual dross receipts are ONLY required if sub contractor is participating as a DBE Subcontractor: Dollar Value of Work: $11,914.00 Chrisp Company License No.: 374600 ExD. Date: 05/31 / 15 Phone 909 746-0356 Location of Place of Business: 2280 South Lilac Ave, Bloomington, CA 92316 Bid Schedule Item Nos: Description of Work 93003 Signing and Striping tDBEtus YES or 0 DBE type: DBE $ Value of Work: a enc : A e of firm: Annual ross recei ts: Subcontractor:=Date: Dollar Value of Work: $_22,976.00 Taft Electric Company License No.: 772245 /13 Phone 805 654-7972 Location of Place of Business: 1694 Eastman Ave, Ventura, CA 93003 Bid Schedule Item Nos: Description of Work 23 Furnish and Install Speed Feedback Sign DBE status YES orIb DBE type: DBE $ Value of Work: Certif in aenc : Age of firm: 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-3 \s DESIGNATION OF SUBCONTRACTORS SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa Clarita, California Subcontractor: Exp. Date: / / Dollar Value of Work: $9,252.00 Alcorn Fence Company Bid Schedule Item Nos: Description of Work License No.: 122954 Exp. Date: 02 /28 / 14 Phone 323- 875-1342 Location of Place of Business: 9901 Glenoaks Blvd, Sun Valley, CA 91352 Bid Schedule Item Nos: Description of Work 19 Fencing DBE status YES or O DBE type: DBE $ Value of Work: Certifying agency: A e of firm: Annual gross=recei ts: 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 agency: DBE type: Age of firm: DBE $ Value of Work: Annual ross 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 agency: DBE type: A e of firm: DBE $ Value of Work: Annual gross recei ts: J_J NOTE For public construction projects ONLY: Total percentage of work by subcontractors may not exceed 50% unless otherwise specified in this document. C-4 DESIGNATION OF SUBCONTRACTORS SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa Clarita, California 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 11 Certifying agency: DBE type: A e of firm: DBE $Value of Work: Annual ross recei ts: Subcontractor: License No.: ExID. Date: / / 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 ross 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 Certif in a enc : type: FAgeof firm: DBE $ Value of Work: Annual gross 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-5 DESIGNATION OF SUBCONTRACTORS SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa C/arita, California 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 agency: DBE type: A e of firm: DBE $ Value of Work: Annual gross recei ts: Subcontractor: License No.: Ex . Date: / / Dollar Value of Work: Phone Location of Place of Business: Bid Schedule Item Nos: Description of Work DBE status YES or NO Certifying age nc : DBE type: Ace of firm: DBE $ Value of Work: Annual ross 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 agency: DBE type: A e of firm: DBE $ Value of Work: Annual ross recei ts: NOTE For public construction proiects ONLY: Total percentage of work by subcontractors may not exceed 50% unless otherwise specified in this document. C-6 REFERENCES SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) 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 LACMTA One Gateway Plaza, Los Angeles, CA 90012 Name and Address of Owner / Agency Deneise Glover 213-922-7302 Name and Telephone Number of Person Familiar with Project $435,800.00 Repavement 1/2013 2 City of Santa Clarita, 23820 Valencia Blvd, Santa Clarita, CA 91355 Name and Address of Owner / Agency Amalia Marreh 661-255-4363 Name and Telephone Number of Person Familiar with Project 057.20 Safe Route to School 8/2011 3. City of Santa Clarita, 23920 Valencia Blvd, Santa Clarita, CA 91355 Name and Address of Owner/ Agency Amalia Marreh 661-255-4363 Name and Telephone Number of Person Familiar with Project $328,222.00 Safe Route to School 8/2010 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: Millennium Corporate Solutions Inc 550 N. Brand #1100, Glendale, CA 91203 (949)-679-7144 The Guarantee Company of North America USA 1800 Sutter Street Suite 735, Concord, CA 94520 (925) 566-6040 R.C. Becker and Son, Inc John Becker Vice President Contractors Name TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) 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. NONE 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. NONE 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) * * * SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa Clarita, California This bidder R.C. Becker and Son, Inc proposed subcontractor (s) , hereby certifies that he has xx , 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 xx , 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: R.C. Becker and Son, Inc,, If 1-:�- ey: o ei�nT-8 c eco Title: Vice'Presiden Date: 6-4-13 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. 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: R.C. Becker and Son, Inc Business Address: 28355 Kelly Johnson Parkway, Santa Clarita, CA 91355 Telephone No.: (661) 259-4845 State CONTRACTOR's License No. & Class: 258762 Class A, C-12 Original Date: 7/22/1969 Expiration Date: 6/30/2015 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: Michael Becker, President 23955 Wildwood Canyon, Newhall, CA 91321 (661) 259-4845 John Becker, Vice President 23262 W. Lea Ct, Valencia, CA 91355 (661) 259-4845 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: NONE 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: NONE IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all aforementioned principals this 4 day of 6 2013. BIDDER: Signatur' John Becker, Vice President Name and Title of Signatory R.C. Becker and Son, Inc Legal Name of Bidder 28355 Kelly Johnson Parkway Santa Clarita, CA 91355 Address 661-259-4845 Telephone Number 95-2567499 Federal Tax I.D. No. SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGMENTS OF EXECUTION OF BIDDER MUST BE ATTACHED Subscribed and sworn to this Notary Public "see attached" C-11 day of 2013. (SEAL) CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 PR See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s), not Notary) --------------------- ----- --------------------- 3--------------------- ---------- ---------------------- 4 --------------------- ------------------------------- 5 ----- 5------------------------------------------------------ Sigrxture of Document Signer No. 1 State of California n County of Zo5 / t e,2S t LISA 0. NFATZING ComlNeelon 11959174 -i Notary Public • California Loa AMOK County Corms. EVires Nov 4, 2015+ Place Notary Seal Above Sign acre of Document Signer No. 2 of any) Subscribed and sworn to (or affirmed) before me on this L%' day of 2o—Li— Date Month Year by (1) Sohr. Bec kms/ Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me 4and- �/ Noma of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature(* ©©• i Slgnalure of atary Publ¢ OPTIONAL Though the information below is not required by law, It may prove valuable Top of thumb here Top of thumb here to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document 1 Title or Type of Document: �3A O $ �o`11i, Zlk'l Document Date: i0' y I I? Number of Pages: d� Signer(s) Other Than Named Above: 02010 National Notary Association • NallonalNctary.org • 1 -600 -US NOTARY (1-800-876-6827) nem abut 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: ..not applicale** dollars ($ ), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the 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: SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa Clarita, California ..not applicable** Bidder's Signature CONTRACTOR 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 SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that R.C. Becker and Son Inc. as BIDDER, and The Guarantee Company of North America USA as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of Ten Percent of Amount Bid dollars ($ 10°/° ), 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 21st Day of May 2013. BIDDER: R.C. Becker and Son, Inc. 28355 Kelly Johnson Parkway, Santa Clarita, CA 91355 Tohn exc3-' , Telephone:661-259-4845 SURETY*: The Guarantee Company of North America USA 1800 Sutter Street, Suite 880 Millennium Corporate Telephone: 626-275-3000 Subscribed and sworn to this day of 2013. NOTARY PUBLIC: SPe PA -+t C -ho ) *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 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On May 21, 2013 before me, Corinne L Hernandez Notary Public Date Here Insert Name e.d Title of the Officer personally appeared William Syrkin Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personH whose names) is/&m subscribed to the within instrument and acknowledged to that he/shefthey executed the same in his/herHHeir authorized capacity(-ies), and that by hisihe0heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my� and official a I. Signatur 11CU Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information 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 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Guarantee Company of North America USA Number of Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑Limited❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Assoclatlon • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 •www. N0llomlN0lary0r9 Ilam 115907 Reorder.. Calf Toll -Free 1-800.896.6827 CDRINNE L. HERNANDEZ f�"z'+a•• Commission s 1905285 Z ,1�-? Notary Public - California zz Los Angeles County My Comm. Expires Sep 24, 2014 who proved to me on the basis of satisfactory evidence to be the personH whose names) is/&m subscribed to the within instrument and acknowledged to that he/shefthey executed the same in his/herHHeir authorized capacity(-ies), and that by hisihe0heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my� and official a I. Signatur 11CU Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information 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 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Guarantee Company of North America USA Number of Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑Limited❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Assoclatlon • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 •www. N0llomlN0lary0r9 Ilam 115907 Reorder.. Calf Toll -Free 1-800.896.6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint -11 tllimn Syrkin, Sergio D. Beshara, Rebecca Arm Haas -Bates, Patricia Ann Bauer, Rickard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful atlorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the some had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any fine. any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Atlomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the Stale of Florida Department of Transportation. It is fully understood that consenting to the Stale of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 61h day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the some force and effect as though manually affixed. .Wevr� IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and d" N its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. 4 SF THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seat of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai {+ Notary Public, State of Michigan �.` County of Oakland My Commission Expires February 27, 2018 4.ti yr:,vr Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. i I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. ..vrrs� 4 IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 21 day of May, 200 ,""' Randall Musselman, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT AfGAvoa4cVLq'S.oiS.*>4.?vat��uACif.�..a�.i),S.�Y,.,oaG'afdwtRL�v�f..c>�aLf�af�ni�Qi..H4: NLOL'nC'a c a =ytii�' K c��'G' di State of California County of Los Angeles On 6/4/13 before me, Lisa O. Hertzing, Notary Public Dale Here Insert Name and Title of da 09teer personally appeared John Becker LISA 0. HERTZI� NGS Commission I195orni 1 MauryPublic• Calif1959174 Los Angeles County My Comm. Et Irea Nov e, 2015+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(c. Wafts subscribed to the within instrument and acknowledged to me that heftsl 2i Hey executed the same in his/l o-4'aa s authorized capacity6es), and that by his/IssAhei signature(sl on the instrument the person(s} or the entity upon behalf of which the person( -k} 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. Signatures 0- v •'X v Signature of Notary P is OPTIONAL Though the information 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 Title or Type of Document: Bid Bond Document Date: 5/21/13 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: John Becker D Individual D Corporate Officer—Title(s): V.P. G Partner — D Limited 0General D Attorney in Fact D Trustee Top o1 thumb here Guardian or Conservator Other: Signer Is Representing: R.C. Becker & Son. Inc. Number of Pages: Signet's Nat D Individual D Corporate Officer — Title(s): Ei Partner —D Limited D General Attorney in Fact11111111111A='61 D Trustee Top of thumb here Q Guardian or Conservator ❑ Other: Signer Is Representing: 0200] National Notary Associalron• 93500a Soto A", P.C.ew 2402•chaL rh,CA 91313-2402-w NalbralNotaryorg Item#5807 Reenlor CaIIToIFReel-801}676-6627 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section. 7106) SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) 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 SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa Ciarita, California TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )) § John Becker being first duly sworn deposes and says that he is the Vice President (sole owner, a partner, president, etc.) of R. C. Becker and Son, Inc 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 or other financial interest with said BIDDER in his general business. Signed: Title Vi President Subscribed and sworn to and before me **see attached** C-15 day of 12013. CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 6202 0 See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 2 3— -------------- --------- ----------------------- 4------------ -------- 5-------- ----------------------------- Signature of Document Signer No. 1 State of California County of Z05 An e R -s LISA 0. HERTZING Commission N 1959174 IL N6111111, otary Public • California Los Angeles County Comm. Expires Now 4.2015t Place Notary Seal Above Signature of Document Signer No. 2 (If any) Subscribed and sworn to (or affirmed) before me �� on this Z day of SDY12 203 Date Month Year by (1) ::Tokry Q2cke✓ Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me {find' (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared f before me.) d - Signature 0. taw Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable Top of thumb here Top of thumb here to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document:r rI,1/o n— W // k V r Ak' 40,-V l Document Date: N �-3 Number of Pages: Signer(s) Other Than Named Above: 0 2010 National Notary Atu oclation • NetionalNotary.org • 1-9011 NOTARY (1.800-8766827) Item #591 BIDDER'S QUESTIONNAIRE SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) 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. 1. Submitted by: John Becker Telephone: 661-259-4845 Principal Office Address: 28355 Kelly Johnson Parkway Santa Clarita CA 91355 2. Type of Firm: General r:mmnrata- XX Individual: Contractor 3a. If a corporation, answer these questions: Date of Incorporation: 12/18/1968 State of Incorporation: California President's Name: Michael Becker Vice -President's Name: John Becker Secretary or Clerk's Name: Daniel Schackart Treasurer's Name: Daniel Schackart 3b. If a partnership, answer these questions: Date of organization: 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: John Becker License number: 258762 Class: A. C-12 Expiration Date: 6-30-15 C-16 BIDDER'S QUESTIONNAIRE (cont'd) SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa Clarita, California 5. CONTRACTOR's Representative: John Becker Title: Vice President Alternate: Vince Teliez Title: Chief Estimator 6. List the major construction projects your organization has in progress as of this date: Owner: (A) City of Santa Clarita (B) County of Ventura Project Location: Santa Clarita Piru, CA Type of Project: Intermodal Access Bicycle Path C-17 CERTIFICATION OF NON -SEGREGATED FACILITIES SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) 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 clause, and that he will retain such certifications in his files. R.C. Becker and Son, Inc John Becker Vice President 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 SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid No. ENG -12-13-T0035 City Project T0035 Federal Aid Project No. SRTSL-5450(075) 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: (I) 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 '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-19 DISCLOSURE OF LOBBYING ACTIVITIES W 1. 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 4. Name and Address of Reporting Entity ElPrime Subawardee Tier . if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) IF}A 3. Report Type: Ela. initial b. material change For Material Change Only: year_ quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. IOa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) $ [] Actual 11 planned 12. Form of Payment (check all that apply): ea. cash b. in-kind; specify: nature value 13. Type of Payment (check all that apply) a. retainer b. one-time fee c. commission d. contingent fee e deferred f. other, specify 14. Brief Description of Services Performed 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 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made ! e ( 0n,Inc orentered into. This disclosure is required pursuant to 31 Print Name: ohn Becker U.S.C. 1352, This information will be reported to Congress semiannually and will be available for public inspection. Any Vice President person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than $10,000 and not more than 661-259-4845 $100.000 for each such failure. Telephone No.: Date: 6-4-13 Federal S=dard Form t1t. Rev. 09-12-97 C-20 Authorized for Local Reproduction Standard Form - LLL 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 first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. S. 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 full 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 (MI). I I.Enter 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 Member(s) 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 name 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 EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCALAGENCY: City of Santa Clarita LOCATION: Santa Clarita, CA PROJECT DESCRIPTION: Safe Routes tc School Infrastructure City Project T0035 TOTAL CONTRACT AMOUNT:$ 241,395.86 BIDDATE: 6-4-13 BIDDER'S NAME: R.C. Becker and Son, Inc CONTRACT DBE GOAL: 8.1% CONTRACTITEM OF WORK AND DESCRIPTION DBE CERT NO. ITEM NO. R SERVICES TO BE JAND EXPIRATION SUBCONTRACTED OR MATERIALS DATE O BE PROVIDED (or contracted if the bidder is a DBE) NAME OFEACH DBE (Must be certified on the date bids are opened - include DBE address and phone number) DOLLAR AMOUNT DBE For Local Agency to Complete: Local Agency Contract Number. Federal -aid Project Number: Federal Share: Contract Award Date: Local Agency certifies that all DBE certifications have been verified and information is complete and accurate. Print Name Signature Date Local Agency Representative (Area Code) Telephone Number: Total Claimed DBE Participation $ 0 Si flu B,'QBcr -4-4 (661) 259-4845 Date (Area Code) Tel. No. John Becker Person to Contact (Please Type or Print) Local Agency Bidder DBE Commitment (Constmetion Contracts) (Rev 6126/09) Distribution: (])Original— Local agency files C-22 INSTRUCTIONS - LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) (Revised 03/09) ALL BIDDERS: PLEASE NOTE: This information may be submitted with your bid. If it is not, and you are the apparent low bidder or the second or third low bidder, it must submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive ' The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers.The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). EV PORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First -Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact Local agencies should complete the Local Agency Contract Award, Federal -aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing. C-23 e b 0 a a p M U or 1 n W -a- r.°A W acne s s m a 5 m n d E 0 � I Y 3 o 0 m m' I a LL m c w a mI LL Cl) iCO o 0 0 co_ o yp co_ co_ R c c .E .E c c .E o c .Z� cA� cc y d E •u .� p E � s ' a c p E � E a_ ��i F _ = •E p- '� E E �y10.�, i. V 61 _ IA 69 o W yr K in t9 'a _E W tl3 o rt �n 19 yr W 1A G9 o fA _ M yr Vi M. IA W. 69 i9 El 01 N N O) 1 o OJ O n D) d V C N V e Ncf E co >. C m N Earn Q m n E > ..V. Q.� W >; .V ¢ _E > .Q. .. .0 o. J c U m m a) m U C E w o E Q o _ _ ,U LL aT N a N i fn y O C E W WCL n V N E L 1�1 N v C> N 1 �' �o z .C. 2 U N N U m 2 M ID ¢ T U> 2 Q iI 0) din 2 ¢ U G e b 0 a a p M U m IMP, A hi I ;m KA IN O cn LL 0 LL co (�I I i cn co 21 w co 0 0 0 0 0� Cc E lam, P E r RA V V V V V A v v v V E D c 11 C EJ 11 11 1 1 E A 1✓ 11 o El co x 0 00 m I -T CP C� CD tf) K1 co 0) M M 19 CI CP 'D LO O tm N CI) z; m(D LO (D uj CD 0 co 2 4 L) -0 M 0 LO CL U z z 0 w L) 'r�- O O - 17 .7 �;Nzls— CL Im rn O - It uj O LQ .12 z 0 u In M O &6 0 s 0 z w GC 0 c O to X:2 W- O O - �;Nzls— - It LQ to cc Ei 0 c c 0 o E E E E v v v V V A N 0 CO m 00 I 0 Mm I (D m I to -tr -IT m Ln C? C9 19 19 m v to OD 0) 00 Cl) Z a) to m 0 a) CL N M - w .(3) eD a) < L) < W< NC) m z L) co o LL, 'LZ L) L) co 12 u 0 O O A cn N --t" t 2,mZ il, s jwsj E IIq o co U) 7 . 65 26 U) MY, 0 0 0 Ev C = 0 2 0 0 E E r E . �v v v 2 .2 El 0 D El 4 mC6 CD CP aSo S it n r,. r - co > U) D 0 w p7 o 2 !:3 0 c 0 N m U) N a) Lu GO iz U) Q u23 <. Ci am 00e c0 0 0 0 ;71 0 r. z O cn S2 2 E E p^ in v V V A v v v V V V A 13 0 D El cl L9 cz OS .0 In 0 QC W E i5 c w mo a C) eJ InU) CL U) 0 ;71 0 r. z ADDENDUM NO. 1 Safe Routes to School Infrastructure City Bid No. ENG -12-13-T0035 City Project No. T0035 Federal Aid Project No. SRTSL-5450(075) City of Santa Clarita, California May 30, 2013 This Addendum includes one (1) page as a part of the Contract Documents for the above -identified project and modifies the original Specifications and Contract Documents, as noted below.' Portions of the Contract, not _pecifically mentioned in this Addendum,_ remain in_force. ._All trades affected shall_be__fully advised of _these.-_.._..__ 1. DISQUALIFICATION OF BIDDERS Replace the last sentence in the 2n° paragraph of "7. DISQUALIFICATION OF BIDDERS" on page B-2 of the project specifications with the following: Except for Projects that are fully or partially federally funded, any BIDDER or persons or companies associated with the bid which have been debarred or disqualified from bidding (including, but not limited to, the owner, partner, director, office manager, superintendents, project managers or employees of the Bidder or any Subcontractor) by any PUBLIC AGENCY in the last (10) ten years is deemed not to be a responsible bidder BIDDER for the purposes of this project. For Projects that are fully or partially federally funded, the Bidder shall be governed by and must execute Title 49, Code of Federal Regulations, Part 29 Debarment and Suspension Certification. Signature of the Bid shall also constitute signature of this Certification. THIS PROJECT IS PARTIALLY/FULLY FEDERALLY FUNDED. 2. BUY AMERICA Replace the words "Section 671.07" in.the 2" paragraph of "25. BUY AMERICA" on page B-10 of the project specifications with "Section 4-1.5'. 3. BID SCHEDULE Replace Bid Schedule (page C-2) with the attached Revised Bid Schedule. 4. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Page C-9 add note "ALL PRIME BIDDERS ARE REQUIRED TO SUBMIT EEO Certification at the time that the bids are submitted. The Agency will require the TOP 5 LOWEST BIDDERS to submit EEO certification of its subcontractors over $10,000 by 4 business days after the bid opened on 4 pm of June 10, 2013. Please submit to the City's Clerk office in Suite 120 of the City Hall building, Attn. Tara Concepcion." 5. G2-18. 19, & 20 Page G-15, A. Materials and Method, replace the first sentence with the fallowing: The scope of work under these bid items shall include removing landscaping and cap & adjust irrigation lines, remove and relocate existing fence, and install landscaping and irrigation to match existing at locations shown on plans, as required in these Special Provisions and as directed by the engineer. 6. FEDERAL PREVAILING WAGE RATES Replace Appendix "B" in its entirety with the attached updated wage rates dated 5/10/2013. 7. PLANS Remove and replace "Construction Notes 6" on Sheets Cl -and C2 with "Protect existing light in place." ATTACFIWNTS: Revised Bid Schedule: Page C-2 Appendix `B" - Federal Prevailing Wage Rates dated 5/10/2013. Robert G. Newman Director of Public Works City of Santa Clarita BIDDER'S CERTIFICATE I acknowledge receipt of this Addendum No. 1 and accept the aforem tion -- Date Bid igna Ure phn C Che �i.C,-PbeC-Kuc anA Son, i ntr, THIS DOCUMENT TO BE SUBMITTED WITH BID CAPITAL IMPROVEMENT PROJECT AGREEM I I Contract 13-00205 SAFE ROUTES TO SCHOOL INFRASTRUCTURE City Bid. No. ENG -12-13-T0035 Federal Aid Proiect NO..SRTSL-5450(075) City of 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 R.C. BECKER & SON, INC.. as CONTRACTOR. CITY and CONTRACTOR have mutually agreed as follows: ARTICLE I That contract documents for the aforesaid project shall consist of the Notice Inviting Bids. Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details. standard drawings, special drawings. appendices, and City's Labor Compliance Program; together with this AGREEMENT and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said AGREEMENT documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above -stated project. and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Revi,ed June 2011 Page 1 of 13 ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE V City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect. and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR'S performance of or failure to perform any services under this Agreement, or by the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, committed in performing any of the services under this Agreement. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or earlier termination of this agreement. The provisions of this section do not apply to Claims occurring as a result of the City's active negligence or acts of omission. ARTICLE VI CONTRACTOR affirms that the signatures set forth hereinafter in execution of this AGREEMENT represent all individuals, firm members, partners, joint venturers, or corporate officers having principal interest herein. ARTICLE VII Nature of Relationship CONTRACTOR shall not be subject to day-to-day supervision and control by CITY employees or officials. CONTRACTOR shall perform services in accordance with the rules, regulations and Revised June 2011 Page 2 of 13 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. Liabilitv Insurance During the entire tern 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 actino for the CITY, or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the CITY against incurring any legal cost in defending claims for alleged loss. Should CONTRACTOR. for anv reason fail to obtain and maintain the insurance required by this 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 Such General, Public and Professional liability, and property damage insurance shall be maintained in full force and effect throughout the term of the AGREEMENT and any extension thereof in the amount indicated above or the following minimum limits: Revised June 2011 Pine 3 of 13 A combined single limit liability policy in the amount of $2,000,000 or a commercial general liability policy with a $2,000,000 occurrence limit and a $4,000,000 aggregate limit will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and, shall name the City of Santa Clarita as additional insured. A Certificate of Insurance and an additional insured endorsement (for general and automobile liability), evidencing the above insurance coverage with a company acceptable to the City's Risk Manager shall be submitted to City prior to execution of this Agreement on behalf of the City. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the CONTRACTOR may be held responsible for the payment of damages to persons or property resulting from the CONTRACTOR's activities or the activities of any person or persons for which the CONTRACTOR is otherwise responsible. Worker's Compensation Insurance The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with the laws of the State of California and which shall indemnify, inure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the course of carrying out the work within the AGREEMENT. Such insurance shall also contain a waiver of subrogation naming the City of Santa Clarita. Automotive Insurance The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this AGREEMENT, and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $1,000,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Fire and Extended 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 lune 2011 Page 4 of 13 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. Modifi cati on/Termination No modification, amendment or other change in this AGREEMENT or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. This AGREEMENT may be terminated with or without cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services shall require thirty (30) days advance written notice unless otherwise agreed in writing between CONTRACTOR and CITY. In the event of termination. CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the notice of termination. Non -Effect Waiver CONTRACTOR's or CITY's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of future exercise of such rights or remedies, unless otherwise provided for herein. Severabilitv In the event that any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be construed as if such unenforceable provisions are nota part hereof. Governing Law This AGREEMENT shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Revised June 2011 Page 5 of 13 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 Requirementsshall result in project delays through City issued Stop Work Notices and/or fines levied against the CONTRACTOR. Conflict of Interest CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY'S conflict of interest regulations. Prevailing 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 § 1773.1 copies of the prevailing rats 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 both federal and state prevailing wage requirements of the California Labor Code including Sections 1770 and 1773, the Davis -Bacon and Related Acts and the City's California Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work classifications required in performance of this contract will be subject to prevailing wage provisions. If there is a difference between the federal and state wage rates, the Contract and its subcontractors shall pay not less than the higher wage rate. Contractor shall further adhere to the requirements contained in the City's Labor Compliance Program. A copy of the Labor Compliance Program is available for review upon request at the Office of the City Clerk. All pertinent federal and State of California statues and regulations, including, but not limited to those referred to in this contract and in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety. Additionally, the Contractor is responsible for obtaining a current edition of all applicable federal and State of California statues and regulations and adhering to the latest editions of such. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. Revised June 2011 Page 6 of 13 The employer must verify the identity and employment eligibility of anyone to be hired. which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Federal Prevailing Wages The work being done pursuant to this Contract is paid for in part by the United States of America. Therefore, pursuant to the provisions applicable to such federal assistance. Contractor acknowledges and agrees that the services, construction, and maintenance pursuant to this Contract is, or may become, subject to certain federal laws and regulations. including. but not limited to, provisions of the Davis -Bacon Act, and particularly 29 Code of Federal Regulations Section 5.5 in part as follows: (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction. alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from federal funds or in accordance with guarantees of a federal agency or financed from funds obtained by pledge of any contract of a federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Section 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency provided that such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 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 (a)(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 Section 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional Revised June 2011 Page 7 of 13 classification and wage rates conformed under paragraph (a)(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 wase determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wase determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives. and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advice the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(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. (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 Revised June 2011 Page 8 of 13 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, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(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 I (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CFR Par 5. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (federal stock number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CFR Part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification Revised June 2011 Pace 9 of 13 of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution underSection1001 of Title IS and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the CITY or Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the CITY may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees --(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is 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 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 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 Revised June 2011 Page 10 of 13 by the Employment and Training Administration. Every trainee must be paid at not less 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 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 the _(type in the name of the federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 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 eontract. 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. Revised June 2011 Page I I of 13 (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. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100.000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Section 5.5(a) or 4.6 of Part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation: liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. (3) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. Revised June 2011 Page 12 of 13 r 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 K Fax No. ALL, SR:NATURE,.S MUST BE Signed By: WITNESSED BYNOTARY CITY: Attest: Approved as to Form: Revised June 2011 Print Name R Title: 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: Page 13 of 13