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2013-06-25 - AGENDA REPORTS - SAND CANYON PROJ B3003 RPSTPLE (2)
Agenda Item: 8 •CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Curtis Nay DATE: June 25, 2013 SUBJECT: STATE ROUTE 14/SAND CANYON ROAD GATEWAY BEAUTIFICATION, PROJECT B3003 AND FEDERAL -AID PROJECT RPSTPLE-5450(059), STATE TRANSPORTATION IMPROVEMENTS PROGRAM - AWARD CONSTRUCTION CONTRACT DEPARTMENT: Public Works RECOMMENDED ACTION City Council: Approve the plans and specifications for the State Route 14/Sand Canyon Road Gateway Beautification, Project B3003, and RPSTPLE-5450(059). Award the construction contract to Diversified Landscape Management, Inc., in the amount of $1,624,125, and authorize a contingency in the amount of $243,619 for the total contract amount not to exceed $1,867,744. Authorize an increased expenditure in the amount of $95,800 to the existing professional services contract with Valley Crest Design Group for landscape and engineering construction support, including construction survey staking, geotechnical support services including material testing and grading certifications, preparation of record drawing, inspection during plant establishment period of 270 days to be overseen by the landscape architect. 4. Authorize an expenditure of $80,000 to Castaic Lake Water Agency for the water connection fee to service the irrigation system. Appropriate $408,963 from Landscape Maintenance District Fund 357 to Expenditure Account B3003357-5161.001. 6. Authorize the City Manager or designee to execute all necessary documents subject to the approval of the City Attorney. 7. Authorize the City Manager or designee to modify all documents to contract with the next lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its obligations or perform, subject to City Attorney final document approval, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. BACKGROUND This project is federally funded under the State Transportation Improvements Programs, Transportation Enhancement Appropriation grant from Metro. The funding agency is Metro with California Department of Transportation (Caltrans) oversight. The City of Santa Clarita (City) applied for a Metro Call for Projects grant in 2007 for the construction of the State Route 14/Sand Canyon Road Gateway Beautification project and received a construction grant in the amount of $1,219,000. This federal grant required 33 percent of local match. On April 19, 2013, the City received authorization from Caltrans to proceed with bid advertisement. The City Council awarded the design contract to Valley Crest Design Group on April 12, 2011, for an amount not to exceed $258,858. Over the past 18 months, staff worked with local residents and businesses, and attended the annual Sand Canyon Homeowners Association meetings in 2012 and 2013 to present the proposed landscape plan. Staff received and incorporated community feedback on the suggested tree species, oak trees, and low volume spray head for the irrigation systems. It was recommended these be mixed in with the native landscape theme to create a natural effect matching the surrounding site and plant material. Staff received unanimous support from the community for the proposed improvement as this is a major gateway into the City. The proposed improvement consists of 3.4 acres of landscaping with sizeable oak trees and shrubs and grasses to mirror the land forms. The site is located in a unique environment with the design complementing the existing environment. It will replace the existing unimproved land .covered with perennial weeds and wild grasses. The proposed site will have plant material, low serpentine stone walls, and colored stone pavers with the intent to create a natural effect that ties to the geology and plant formation of the site. The proposed irrigation system meets the Assembly Bill 1881 water efficient requirements and is reclaimed water ready. This project is within Caltrans right-of-way, and the City's design team worked with Caltrans' Landscape Architectural division to obtain the design approval. The plan was approved in January 2013 followed by right-of-way clearance and the authorization to proceed with the construction bid. An invitation to bid was published on April 24, April 27, and May 3, 2013, and was noticed on the City's website. Three bids were submitted to the City and opened by Purchasing on May 30. The bid submitted by Diversified Landscape Management, Inc., contained two minor 2 multiplication errors when the unit quantity was multiplied by the unit price to reach the extended price for two items. This resulted in an increase of $512.49 to $1,624,124.65 instead of the submitted bid amount of $1,623,612.16. The multiplication errors were made on two bid items 46 and 54 on page C-5 of the attached bid proposal. The bid documents include a provision that in the case of discrepancies the unit prices shall govern over the extended amounts, and City staff has corrected the bid amount of Diversified Landscape Management, Inc., as required by this bid provision. The results of the bids are shown below: Company Location Bid Amount Diversified Landscape Management, Inc. Corona, CA $1,624,124.65 STL Landscape, Inc. Los Angeles, CA $1,746,313.00 Marina Landscape Anaheim, CA $1,772,206.00 Staff recommends the project be awarded to Diversified Landscape Management, Inc., the lowest responsive bidder. This contractor possesses a valid state contractor's license and is in good standing with the Contractor State License Board. The contractor's bid was reviewed for accuracy and conformance to the contract documents and found to be complete. The construction contingency amount requested will cover the cost of unforeseen site conditions, such as removal of underground rock formation, unsuitable base material for planting, and unidentified utility lines. The actual volume of underground rock formation and unsuitable base material for planting will be determined during the construction and abandoned utilities may be discovered. Staff also recommends increasing the spending authority in the amount of $95,800 to the existing professional services contract with Valley Crest Design Group for landscape and engineering support including the construction survey staking, geotechnical support services including material testing and grading certifications, preparation of record drawing, and inspection during the 270 -day plant establishment to be overseen by the landscape architect. Addionally, the City is responsible for a one-time connection fee in the amount of $80,000 to Castaic Lake Water Agency for the proposed irrigation system. Additional funding is required to cover changes to the project from the scope originally envisioned. The original budget was based on the cost estimate prepared for the 2007 Metro Call for Projects application. Added to the project was enhanced landscape and added hardscape, including large box -size oak trees, water efficient irrigation system, stone walls, color stone pavers, vinyl -coated fencing replacements requested during the outreach, stamped concrete, and the extension of plant establishment period to 270 days. In addition, the contractor was required to provide a Class A license, which was added due to the unique grading work required. A budget in the amount of $125,180 is available for staff oversight related to construction and project management, inspection services, labor compliance services, environmental monitoring, and independent assurance services. IN ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT Funds totaling $1,919,295 are currently appropriated into various project expenditure accounts. The requested appropriation of $408,963 from Landscape Maintenance District Fund 357 creates a total project budget of $2,328,258. Expenditures to date are $159,534. The remaining budget of $2,168,724 will adequately provide for the construction contract in an amount not to exceed $1,867,744 including contingency, water connection fees of $80,000, architectural and engineering support of $95,800, and estimated expenditures of $125,180 for project oversight. ATTACHMENTS Location Map Bid Proposal for Construction Support by Valley Crest available in the City Clerk's Reading File Bid Proposal for Diversified Landscape Management, Inc. available in the City Clerk's Reading File Contract for Diversified Landscape Management, Inc. available in the City Clerk's Reading File 140 q�s IIaBsJaNeg of U m J Y�� N � a � � o C'6 O M U a o UO Cl) U a ami e C CoU R mZO N �` O Gz � F � Y 3 N R q�s IIaBsJaNeg of U m J O ValleyCrest DesignGroup 3242 Halladay, Suite 203 Santa Ana, CA 92705 T/ 1.714.557.5852 F/ 1.714.557.7621 v W.valleycres:.com May 28, 2013 Mr. James Tong CITY OF SANTA CLARITA 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Re: City of Santa Clarita SR -14 Sand Canvon Gateway Beautification Landscape Architectural Field Support Services Dear James: This correspondence is for the purpose.of summarizing `Field Support' Services with resultant fees that we will be providing, at your request for the above referenced SR -14 Sand Canyon Gateway Beautification Projects. As discussed, we do not meet the DBE Goal. We have contacted our sub consultants and they have contacted their sub consultants and they are not DBE firms. We have contacted sub consultants in the area and they do not qualify as DBE firms. GENERAL `EXTRA WORK' SERVICES: Our `Extra Work' Services generally will include the following: A. SR -14 Sand Canyon Gateway Beautification — Field Observation Services B. Reimbursables II. SCOPE OF SPECIFIC SERVICES. A. SR -14 Sand Canyon Gateway Beautification - Field Observation Services: The following list of Field Observation trips and time per trip represents an estimate to the best of our abilities of the Field Observations needed for the SR 14 Beautification portion of the project at this time. All Field Observation work shall be provided on an hourly rate basis, not to exceed the hour estimate below without Owner approval. CITY OF SANTA CLARITA SR -14 Sand Canyon Gateway Beautification May 28, 2013 Page 2 of 1 I Recommended Visits: VallevCrest Design Group: 1. Pre -Construction & Field Meetings (7 10) Estimated Fee Hours Allowance a. Pre -Construction Meeting ............................... ( 6 hours) $ 1,200.00 b. Weekly Construction Team Meeting Attendance (12 Weeks @ 4 Hours Each) ............................................. (48 hours) $ 9.600.00 C. Sub -Total Pre -Construction & Field Meetings.......................................................... (54 hours) $10,800.00 2. Field Support Services (400) a. Oak Tree Tagging ............................................ ( 8 hours) $ 1,600.00 b. Construction Layout(1)..............._................. ( 4 hours) $ OX.CC c. Construction Layout(2).:'....... :............. ........... (4 hours) $ 800.00 d. Construction Layout(3)................................... ( 4 hours) $ 800.00 e. Construction Layout(4)................................... ( 4 hours) $ 800.00 f. Finish Grade Review ....................................... ( 4 hours) $ 800.00 g. Irrigation Main Line/Equipment Layout.............................................................. ( 4 hours) $ 800.00 h. Irrigation Layout .............................................. ( 4 hours) $ 800.00 i. Irrigation Final/Coverage................................. ( 4 hours) $ 800.00 j. Planting/Spot Plant Materials (1) .................... ( 4 hours) $ 800.00 k. Planting/Spot Plant Materials (2) .................... ( 4 hours) $ 800.00 1. Planting/Spot Plant Materials (3) .................... ( 3 hours) $ 600.00 In. Planting/Final Begin Maintenance .................. ( 6 hours) $ 1,200.00 n. Maintenance Thirty (30) Days ......................... ( 6 hours) $ 1,200.00 o. Maintenance Sixty (60) Days .......................... ( 6 hours) $ 1,200.00 P. Maintenance Ninety (90) Days ........................ ( 6 hours) $ 1,200.00 q. Administrative................................................ (16 hours) $ 3.200.00 r. Sub Total Field Support Services ................ (91 hours) $18,200.00 VCDesign6roupxom CITY OF SANTA CLARITA SR -14 Sand Canyon Gateway Beautification May 28, 2013 Page 3 of I 1 3. Contractor Submittal Review (71 1) a. Review and Process Contractor Submittals .............................................. b. Sub Total Submittal Review ............... 4. Contractor Request for Information (RFI) (712) a. Contractor RFI ....................................... b. Sub Total Plan Processing .... 0 6 hours) $ 2.200.00 .... (16 hours) $ 2,206.00 ........ (16 hours) $ 3,200.00 ........ (16 hours) $ 3,200.00 5. Certifications (713) a. Project Substantial Conformance .................... (8 hours) $ 1,605.00 b. Sub -Total Certifications ............................... (8 hours) $ 1,605.00 6. Record Drawings (714) a. Assembling Record Documents ...................... (20 hours) $ 4.000.00 b. Sub -Total Record Drawings ......................... (20 hours) $ 4,000.00 7. TOTAL............................................................. (206 hours) $40.00-5.00 8. Reimbursables (At Cost) ............................................ $ 4,900.00 9. GRAND TOTAL LANDSCAPE ARCHITECT ....................... S 44.905.00 VCDesignGroup.com CITY OF SANTA CLARiTA SR -14 Sand Canyon Gateway Beautification May 28, 2013 Page 4 of 11 TOTAL........................................................... ur 4,¢Q4 Q4 VCDesignGroup.com Estimated Fee Recommended Visits: Hours Allowance Gausman & Moore Electrical Engineer (715) 1. Pre -Construction a. Pre -Construction Field Meeting ...................... ( 3 hour) b. Weekly On Site Meeting Four (4) hr/Each ..... (12 hour) C. Sub -Total Pre -Construction Field Meeting.......................................................... (15 hours) $ 2,025.00 2. Field Support Services a. Shop Drawings and Submittals Review and Coordination ............................................. ( 8 hours) b.Electrical Layout Installation Reviews (Two (2)) Visits ............. ( 6 hours) C. Sub -Total Field Support Services ................ (14 hours) $ 1,890.00 3. Certifications a. Project Substantial Conformance .................... ( 5 hours) b. Sub -Total Certifications ............................... (5 hours) $ 685.00 TOTAL........................................................... ur 4,¢Q4 Q4 VCDesignGroup.com CITY OF SANTA CLARITA SR -14 Sand Canyon Gateway Beautification Mav 28, 2013 Page 5 of I 1 Recommended Visits: C.K. Structural Engineer: (716) 1. Field Support Services a. Shop Drawing/Submittal Review...... Estimated Fee Hours Allowance ... ( 2 hours) $ 500.00 TOTAL........................................................... (2 hoursl $ 500.00 Estimated Fee Recommended Visits: Hours Allowance Tetra Tech: (717) 1. Pre -Construction & Field Meetings a. Pre -Construction Meetings .............................. ( 4 hours) $ 630.00 b. Field Meetings (5) ........................................... (20 hours) $ 2.700.00 C. Sub -Total Pre -Construction & Field Meetings.......................................................... (24 hours) $ 3,330.00 2. Field Support Services a. Shop Drawing/Submittal Review .................... (8 hours) $ 1,170.00 b. Construction Progress ...................................... (8 hours) $ 1.260.00 C. Sub -Total Field Support Services ................ (16 hours) $ 2,430.00 3. Certification a. Project Substantial Conformance .................... (6 hours) $ 900.00 b. Precise Grading Certification .......................... (4 hours) $ 630.00 VCDesignGreup.com CITY OF SANTA CLARITA SR -14 Sand Canyon Gateway Beautification May 28, 2013 Page 6 of 11 C. Storm Drain/Grade Certification ..................... (4 hours) $ 630.00 d. Sub -Grade Certification ................................... (4 hours) $ 630.00 e. Base Certification ............................................ (4 hours) $ 630.00 L Sub -Total Certifications ............................... (22 hours) $ 3,420.00 4. Record Drawings a. Record Drawings ............................................. (10 hours) $ 1,115.00 b. Sub -Total Record Drawings ......................... (10 hours) $ 1,115.00 TOTAL rsS10,295.00 Estimated Fee Recommended Visits: Hours Allowance Pinnacle Engineering. (Survey): (718) — See attached Exhibit `A'. TOTAL........................................................... $21,000.00 Estimated Fee Recommended Visits: Hours Allowance R.T. Frankian & Associates — See attached Exhibit `B' TOTAL........................................................... Notes: 1. The above Field Observation program was prepared with the understanding that the Owner will provide a full-time job superintendent for the routine coordination, inspection and approval of all work. Our project Field VCDesignGroup.com eq CITY OF SANTA CLARITA ev SR-14 Sand Canyon Gateway Beautification May 28, 2013 Page 7 of 11 Observation role will be that of support only, making review and recommendations, with all observations coordinated through and by the job superintendent. The hours that are listed are estimates, and we will bill on a Time and Material Hourly Rate Basis. Additional observations that may be required will be approved by the Owner in advance. B. Reimbursables: Reimbursable items at cost, i.e., blueprinting, xeroxing, graphic reproduction, plotting service costs, telephone and travel costs such as airfare, car rental, meals, hotels and other related travel cost outside the Southern California area. III. FEES AND CHARGES: A. Our fees will be billed monthly on a percentage completed basis for the time spent to that dale not exceeding the lump sum fees below. All Allowances will be billed on an hourly rate basis not exceeding the lump sum fee delineated below. In addition to this, charges will be made at cost for blueprinting, xeroxing, plotting, graphic and photographic reproduction. SR -14 Sand C.anvon Gatewav Beautification Service Totals: Services Fixed and T & M Fees 1. Pre -Construction a. ValleyCrest Design Group .............................. $ 10,800.00 b. Gausman & Moore .......................................... 2,025.00 C. TETRA TECH ....................... :............. ............ 3.330.00 e. Total Pre -Construction ................................. S 16,155.00 2. Field Support Services a. V al leyCrest Design Group .............................. $ 18,200.00 b. Gausman & Moore .......................................... 1,890.00 C. TETRA TECH ................................................. 2,430.00 d. Pinnacle Engineering (See Exhibit A) ............ 21,000.00 e. R.T. Frankian & Associates (See Exhibit B) .. 14.500.00 f. Total Field Support Services ........................ $ 58,020.00 VCDesignGroup.com CITY OF SANTA CLARITA SR -14 Sand Canyon Gateway Beautification May 28, 2013 Page 8 of 1 I 3. Contractor Submittal Review a. ValleyCrest Design Group .............................. $ 2,200.00 b. CK Allen.......................................................... 500.00 C. Total Contractor Submittal Services........................................................... $ 2,700.00 4. Contractor Request for Information a. ValleyCrest Design Group .............................. $ 3,200.00 b. Total Contractor Request for Information Services ..................................... $ 3,200.00 5. Certifications a. ValleyCrest Design Group .............................. $ 1,605.00 b. Gausman & Moore .......................................... 685.00 C. TETRA TECH ................................................. 3.420.00 d. Total Certifications ........................................ $ 5,710.00 6. Record Drawings a. VatleyCrest Design Group .............................. $ 4,000.00 b. TETRA TECH ................................................. 1,115.00 c- Total Record Drawings ................................. $ 5,115.00 7. Reimbursables.................. ............ :........... .............. ..... $ 4,900.00 8. TOTAL CONTRACT EXTENSION SR -14 SAND CANYON GATEWAY BEAUTIFICATION..................................................................... $ 95 800.00 VCDesignGroup.com CITY OF SANTA CLARITA SR -14 Sand Canyon Gateway Beautification May 28, 2013 Page 9 of I 1 C. E. VCDesignGroup.com VallevCrest Design Group Normal i-[ourly Rates (Effective through December 2013) Billing, Catceory Hourlv Rates 1. Senior Vice President..................................................... $ 250.00 2. Senior Principal.............................................................. 200.00 3. Principal.......................................................................... 170.00 4. Senior Associate/Landscape Architect .......................... 150.00 5. Associate/Landscape Architect ...................................... 125.00 6. Landscape Architect/Senior Project Manager ............... 110.00 7. Project Manager............................................................. 100.00 8. Senior Production Staff .................................................. 90.00 9. Production Staff............................................................. 85.00 Gausman & Moore Normal Hourly Rates (Effective through December 2013) Billing, Category 1. Partner/Principal................... 2. Commissioning .................... 3. Registered Engineer ............. 4. Communications Specialist. 5. Designer ..................... 6. Graduate Engineer ................ 7. CAD Technician .................. 7. Word Processor .................... Hourly Rates CK Structural Fnginecr (Effective throuvh December 31. 2013) Billing Category Hourly Rates a. Principal............................................................... $ 175.00 b. Draftsperson............................................................... $ 100.00 c. Clerical............................................................... S 75.00 TETRA TECH Normal Hourly Rates (See attached — Exhibit "C) CITY OF SANTA CLARITA SR -14 Sand Canyon Gateway Beautification May 28, 2013 Page 10 of 11 F. Pinnacle Lnainecring Non -nal Hourly Rates (Effective through December 20131 Billing Category Hourly Rates 1. Principal/Licensed Surveyor .......................................... $ 175.00 2. Senior Supervisor........................................................... $ 150.00 3. Senior Project Manager .................................................. $ 150.00 4. Land Title Analysis........................................................ $ 120.00 5. Project Manager............................................................. $ 120.00 6. Project Supervisor.......................................................... $ 120.00 7. CADD Technician/Draftsman ....................................... $ 120.00 8. Field Crew .......... ........... ..... .................. I ............ ...... $ 240.00 9. Flagman ......................................... ...... I ......... ...... $ 100.00 10. Deliveries/Research........................................................ $ 85.00 11. Fees and Plotting............................................................ Cost Plus 5% 12. Certified Payroll............................................................. $ 80.00 G. R.T. Frankian & Associates Normal HOUriv Rates (See attached Exhibit `B") All contractual matters not modified herein shall be in accordance with the original contract. VCDesignGroup.com CITY OF SANTA CLARITA SR -14 Sand Canyon Gateway Beautification May 28, 2013 Page 1 1 of I I This correspondence serves as notification of extra services and their estimated fees. No further correspondence will precede the billing for this work. If you have any questions regarding the content of this correspondence, please contact us immediately. Cordially, ValleyCrest Design Group q& A California Corp oration ,'J" Carlos �l Senior Principal (CITYOFSANTACLAW-1'A/ 173808/CONT/040913 FIEI,DCONEXTBEV 050113) APPROVED: DATE: Attachments: MM CITY OF SANTA CLARITA Exhibit A - Pinnacle Exhibit B — RT Frankian Exhibit C — Tetra Tech Attachment A — City of Santa Clarita Disclosure Statement Attachment B — Equal Opportunity/Affirmative Action Statement Attachment C — Hold Harmless Agreement Attachment E — Designation of Sub -Contractors, Suppliers and Vendors Attachment F — DBE Contract Status Report VCDesignGroup.com EXHIBIT "A" Site Improvements $21,000 Control establishment $1,500 - Orient on the record right-of-way Monumentation and bring in elevations from published benchmarks. Set durable control points for duration of project. Limits $1,500 Stake out the limits of work, saw -cuts and/or demolition limits at 50 -foot intervals. Electrical $1,500 Stakes for electrical meters and traffic control boxes. , Grading $8,000 One set of stakes for all slopes greater than 4:1 at 50 -foot intervals including all changes in horizontal and vertical direction. One set of stakes for contoured grading at 50 -foot intervals including all changes in horizonmI_pnT_vc'rTicnI direction. One se[ of stakesdefining the sock wall/boulder locations and cobble stone paving areas for sub -grade purposes. One set of stakes for grading the maintenance pullout areas. Fencing $2,000 One set of stakes at 50 -foot intervals including all changes in horizontal direction. Drainage devices $2,000 One set of stakes for storm drain at 50 -foot intervals, including one set of stakes for CMP bore control. One set of stakes for channel drains at 50 -foot intervals. Includes all appurtenances. Misc. Construction One set of stakes for rock wall construction as required. $1,500 One set of stakes around perimeter of cobble stone areas as required. $1,500 One set of stakes for perimeter of maintenance pullout areas as required. $1,500 Optional Items Irrigation Main control stations layout. $2,000 Tree location layout. $2,000 Pinnacle Land Surveying, Inc. , 28348 Constellation Road, Suite 800 Santa Clanta, CA 91355 Ph. 661-2541928 Fax 661-254-1929 General notes I. Please allow forty-eight (48) hours advance notice for one crew and seventy-two (72) hours advance notice for two crews. This will help insure that a crew will be available to meet your construction schedule. 2. In the event of simultaneous requests please establish the staking priority upon request. 3. Please be sure the area to be staked is cleared and ready for stakes. 4. Stakes should be used within a reasonable time of staking to ensure quality and accuracy. 5. This cost is based on daytime working hours. Night work and mandatory overtime charges will be billed as extra work. 6. Construction meetings will be attended on a time and material basis. 7. All Time and Material items are subject to a 2 hour minimum. 8. Control establishment: Client to provide electronic files with centerline, boundary and field datum used for this design. This is not a boundary survey. 9. This proposal is valid for 60 days. 10. Stakes that do not comply with the latest plan or industry standards shall be voided and our office notified prior to any construction. 11. Any cut and fill depths which may be marked on survey lath are shown for the Contractor's convenience only and are not to be solely relied on for construction, the information shown on the cut sheet shall take precedence over any marks shown on field stakes. 12. Pinnacle Land Surveying, Inc. (PLS) recommends and reserves the right to inspect, prior to any concrete pour, the following: curb forms, curb wire guides, building/abutment foundation forms, bolt patterns, catch basin forms, structure forms etc... and failure to request said inspection will render PLS harmless of any resulting errors or emissions. 13. We recommend that construction stakes and/or markings be protected and used immediately as PLS cannot guarantee their accuracy after equipment and foot traffic occurs near these points. HOURLY RATE SCHEDULE (GOOD THRU 12/31/13) OFFICE Hourly Principal/Licensed Land Surveyor $175 Senior Supervisor $150 Senior Proiect Manager $150 Land Title Analysis $120 Proiect Manager $ 120 Proiect Supervisor $120 CADD Technician/ Draftsman $ 120 FIELD Field Crew $ 240 Flagman $ 100 SUPPORT Deliveries/research $85 Fees and plotting Cost plus 5% Certified ayroll $80 Pinnacle Land Surveying, Inc. 28348 Constellation Road, Suite 800 Santa Clanta, CA 91355 Ph. 661-254-1928 Fax 661-254-1929 ED 0 S In Id _ N�di� neo) is a'> om o M �i d a - a d N I O dl5 d 2 .d. O ) ' n 0 6 j IQ �p'y0 n'o'`n co 11 o mlo Ml d E!� EI C .. 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I El 9.J 6JIS IE < Z w z R 11; iy IN IN vi 65 �,Z; 18 8 10- z 3 m 0 U) W 0 3 s z 0 !0 0 0 0 0 iozj m m Im M m m m EIN u 0 % C) C.) 1-6 u C) C) u 0 !01 I�NmEo 2 — 2 ;Lul ow�CN o m mi 0 In m m 0 CMI) Z5 ow t6i m .9 w c m �)A , C M' mj2 M; cm i 0 a of Z ;E 01= G s E�, E 0-1sm O_ El 2 0 mo I M m 1-0 ILW El t6 M; u mw m T;� 2.01 0. .1 loo I o U a L 8 0 i fz -61 .2 x lu _i.Lo — Ml a Z5 u u u 12 a m m m! al .2. n 9 J 9 d v; i.2; 0 M. 2 0 a — 0 w zi a . IS C) 02 Z ITO L) a� A FEE SCHEDULE City of Santa Clarita Proposed SR -14 Beautification Project at Sand Canyon Road Job No. 2013-007-010 PERSONNEL RATE($/HOUR) MANAGING PRINCIPAL/CONSULTING GEOTECHNICAL ENGINEER ............................................ ._...$160.00 PRINCIPAL ENGINEER/PRINCIPAL GEOLOGIST .................................... .... .... .................... ...... ......... ..... ...... Yiqu.uu GEOTECHNICAL ENGINEER/ ENGINEERING GEOLOGIST. ............................................. .......................... $130.00 SENIOR PROJECT ENGINEER/SENIOR PROJECT GEOLOGIST....................................................................$105.00 (Includes Deputy Grading Inspector) PROJECT ENGINEER/SUPERVISING FIELD ENGINEER..................................................................................$95.00 SENIOR FIELD ENGINEER/SENIOR FIELD GEOLOGIST ............ - ..... .................. .......... ................. ............... 511u.UU FIELDTECHNICIAN................................................................................................................................................$90.00 ASSISTANTFIELD TECHNICIAN...................................................................-.....................................................$85.00 DRAFTING/ CAD......................................................................................................................................................$75.00 LABORATORYTESTING......................................................................................................................... $75.00 - $50.00 COURT APPEARANCES AND DEPOSITIONS (Four hour minimum) EXPENSES MILEAGE (from office to job and return)....................................................................................................... $0.59/ mite REPRODUCTION.......... ................... ................................... ..... -......... .............. ................... ................ ..... ...... .. Cost + 12% SUBCONTRACTED EQUIPMENT ..................... .............. ............ .......................................................... ........ . Cost + 12% (Drill Rig, Backhoe, Unskilled Labor, Consultants, and Deputy Inspectors, etc.) TRAVEL EXPENSES, SUBSISTENCE, VEHICLE RENTAL, FREIGHT, OTHER OUTSIDE EXPENSES- ............. FIELD SERVICE CONDITIONS +12% MINIMUM FEE FOR FIELD SERVICES .......... ............ .............. .... -....................... ...................... ........ .... .... $16U.UU/tnp (Includes time on job up to 1/2 hour, travel time up to 1 hour & mileage up to 30 miles total) OVERTIME - After 8 working hours per day & Saturdays .... ......... .................................................. 1-1/2 time - After 12 working hours, Sundays & Holidays ........................................................Double Time (Four hour minimum charge on weekends & holidays) RUSHSERVICES ................... ........... --.............. -............... ............. ...... ............ I ...... I ....... ....................................... $60.00 (Will be charged for same-day observation and testing requests) FIELD SERVICES will be billed at Field Technician, Senior Field Engineer or Supervising Field Engineer rate, depending on manpower availability and/or experience required due to complexity of project Occasional site visits by the responsible Project/Senior/ Geotechnical Engineer or Engineering Geologist may be required to check on progress or to answer technical questions that arise. FEES ARE DUE AND PAYABLE ON PRESENTATION OF INVOICE. R. T. FRANKIAN & ASSOCIATES reserves the right to charge the maximum legal interest on unpaid balance and collection fees, if required, to secure payment. $-13 LRTFA GEOTEGNNICI.L EN61MC[RINO A CNOINEERIXO OCOLOOY TETRATECH EXHIBIT A - SV1' 2013 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Project Management Construction Project Manager 1 $180.00 Construction Project Rep 1 $78.00 Project Manager 2 $207.00 Construction Project Rep 2 $85.00 Sr Project Manager $250.00 Sr Constr Project Rep 1 $100.00 Program Manager $297.00 Sr Constr Project Rep 2 $115.00 Principal in Charge $310.00 Construction Manager 1 $165.00 Construction Manager 2 $185.00 Engineers Construction Director $233.00 Engineering Technician $37.00 Engineer 1 $96.00 General & Administrative Engineer 2 $115.00 Project Assistant 1 $67.00 Engineer 3 $130.00 Project Assistant 2 $75.00 Project Engineer $135.00 Project Administrator $95.00 Project Engineer l S165.00 Sr Project Administrator $110.00 Sr Engineer $170.00 Graphic Artist $130.00 SrEngineer 2 $175.00 Technical Writer 1 $97.00 SrEngineer 3 $210.00 Technical Writer $124.00 Principal Engineer S300.00 Sr Technical Writer $155.00 Planners Information Technology Planner 1 $104.00 Systems Analyst / Programmer 1 $77.00 Planner 2 $115.00 Systems Analyst / Programmer 2 $115.00 Sr Planner 1 $125.00 Sr Sys Analyst / Programmer I S130.00 Sr Planner 2 $151.00 Sr Systems Analyst / Programmer 2 $196.00 Sr Planner 3 $175.00 Project Accounting Designers & Technicians Project Analyst 1 $90.00 CAD Technician 1 $65.00 Project Analyst 2 $114.00 CAD Technician 2 $75.00 Sr Project Analyst $155.00 CAD Technician 3 $90.00 CAD Designer $100.00 Reimbursable In -House Costs: Sr CAD Designer 1 $118.00 Photo Copies (B&W 8.5"x11") $0.15/Each Sr CAD Designer 2 $145.00 Photo Copies (B&W I I"x17") $ 0.40/Each CAD Director $150.00 Color Copies (up to 8.5"xl l ") $ 2.00/Each Survey Tech 1 $50.00 Color Copies (to 1 I "x 17") $ 3.00/Each Compact Discs $10/each Health & Safety Large format copies $0.40 S.F. H&S Administrator $95.00 Computer Usage: not to exceed $3.55/hour Sr H&S Administrator $115.00 Mileage -Company Vehicle $0.80/mile H&S Manager $145.00 Mileage-POV $0.55/mile* -current GSA POV mileage rate subject to change All other direct costs, such as production, special photography, postage, delivery services, overnight mail, printing and any other services performed by subcontractor will be billed at cost plus 15%. NOTE: Rates subject to change annually. Exhibit A - SW 2013.x1sx ATTACHMENT A CITY OF SANTA CLARFTA DISCLOSURE STATEMENT The following information must be disclosed: List the names of all persons having a financial interest in the Request for Qualifications. 2. If any person identified pursuant to No. I above is a corporation or partnership, list the names of all individuals owning more than ten percent of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to No. I above is a non-profit organization or a trust, list the names of any persons serving as a director of the non-profit organization or as a trustee or beneficiary or trustor of the trust. 4. Has the offeror had more than $250.00 worth of business transacted with any member of the City of Santa Clarita staff, boards, commissions, committees, and Council within the past twelve months? If yes, please indicate the person(s) with whom you have conducted business. NOTE: Attach a jitional ages as necessary. SiR atur f 6 cror Kurt P. Buxton Print or Type Name of Offeror 5/29/13 Date Page S of 12 Sand Canyon Road / SR 14 Landscape Beautification B3003 ATTACHMENT B EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The offeror hereafter described will not discriminate against any employee or applicant for employment because of race/color, national origin, sex, sexual preference, religion, age, or handicapped status in employment or the provisions of services. Sigt tore Kurt P. Buxton, Vice President Typed Name and Title Page 9 of 12 Sand Canyon Road / SR 14 Landscape Beautification B3003 ATTACHMENT C HOLD HARMLESS AGREEMENT Offeror agrees to indemnify and hold harmless the City of Santa Clarita against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intention all acts, errors, or omissions of the offeror or any of its officers, agents, or employees. s' S' nature // Kurt P. Buxton, vice President Typed Name and Title ATTACHMENT DESIGNATION OF SUB -CONTRACTORS, SUPPLIER AND VENDOR Listed below are the names and locations of the places of business of each sub -contractor, supplier, and vendor who will perform work or labor or render service in excess of'/ of I percent, or S10.000 (whichever is greater) of the prime CONTRACTOR'S total bid. DBE status, age of fimt and annual gross receipts are required if sub -contractor is participating as a DBE. See Appendix E for additional requirements. Photocopy additional sheets if needed. Sub -contractor: Age of Firm: Portion of Work & Dollar Value: Annual Gross Receipts: <$500,000_ $500,000<_<$lmillion; DBE certified? Yes/No: >$Imillion_; $I-$2million_; $2-$5million_; >$5million Agency Certifying: Location and Place of Business 1' (include business address) LICENSE NO. EXP. DATE: 1 / PHONE ( ) Sub -contractor: Age of Firm: Portion of Work & Dollar Value: Annual Gross Receipts: <$500,000_, $500,000<_<$Imillion; DBE certified?Yes/No >Slmillion_; $142million_; $245million_; >S5million Agency Certifying: Location and Place of Business: (include business address) LICENSE NO. EXP. DATE: / / PHONE ( ) ATTACHMENT F DBE CONTRACT STATUS REPORT PROJECT NUMBER: PROJECT TITLE: PROJECT DESCRIPTION: PURCHASE ORDER NUMBER: DBE GOAL OF 4.6% CONTRACT START DATE: CONTRACT END DATE: ORIGINAL CONTRACT AMOUNT: TOTAL OF CHANGE ORDERS: AMOUNT PAID THIS FY: ENDING CONTRACT AMOUNT: List total amounts paid to DBEs this fiscal year broken down by each consultant/sub-consultant: Consultant: Amount Sub -consultant: Amount Sub- consultant: Amount Sub- consultant: Sub- consultant Amount I SECTION C; PROPOSAL .FOR STATE ROUTE 14 /SAND CANYON LANDSCAPE BEAUTIFICATION City Bid No. ENG -12-13-83003 City Project 83003 Federal -aid Project No. RPSTPLE-5450(059) City of Santa Clarita, California TO THE CITY OF SANTA CLARITA; AS AGENCYi-- --- In accordance with AGENCY's NOTICE INVITING BIDS, the undersigned BIDDER hereby proposes to fumish 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 mannei 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 enfire 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 axtended:amounts, and words shall govern over figures. If awarded the contract, the undersigned further agree: reg_ u.ired_contractand filing. the necessary�onds_and.ins the AGENCY's notice of award of contract to the BIDDE become the property of the AGENCY and this bid and considered null and vold. Company Name: Company Address: By: Title: Signature: Date: that in -the event -of the Bidders default in executing the e proceeds of the security accompanying this bid shall acceptance hereof may, at the AGENCY's option, be 1785 Pomona Road, Suite C Comma, CA 92880 Cynthia J Smallwood Print Name President Mav 28, 2013 C-1 ± ® }\( ko » W k (-N \ ` g . k/ �§ =� 00 % ) k w k ( /)// | \ /\ . \c § i¢ a P4� A, wu� : — \— ---- \ ( ------ § ®§@ �� L) z2. . § � , , e Q <- ± ,9< 7= % � \ ® }\( ko » W k (-N \ ` k/ �§ =� 00 ) k w k ( /)// | \ /\ \ \c § ) wu� : ,9< 7= % � \ ® n` ko \( » W \ k/ �§ =� 00 ) k w k ( | \ /\ :j�k § \ \ — \— ---- \ ( ------ § ®§@ �� L) z2. . § £k� , , V ,9< 7= % � \ h N E c V v zj al 9)) X91 j d. cli 0 ES Q CCQ O N 0 O .7 F J J J LL J W W LL J W LL] w y N C O U � Z z ' p U >YZYYZ O LL O ZO p Z LL O Q 5ZOZ< ep e U� zG C a7 Oaj� . jno U N y� O ��W�uit F ¢a5_ LL z �" Oy� wO H y w z� .0 a a �u� aO. z. a a . 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E w �' a a l�! � ) \ » } J .-- ,§ \ E ! /\\ !!§! k2{k / 0 ) \ -m . !!} A k ;§ ( Lu Do L) $ 0§. §#� ) k 3 / ( . § j \ \ \ LU ¢ k $ k \ k! ! e § ; « . @ ` � § . � ( § \ 0\ ) ) j § § § §\ E ( 2 §)) k B ) /&3 ! ! B CAPITAL IMPROVEMENT PROJECT AGREEMENT Contract 13-00206 STATE ROUTE 14 /SAND CANYON GATEWAY BEAUTIFICATION BID # ENG -12-13-113003 Project No. B3003 Federal -aid Project No. RPSTPLE-5450(059) Santa Clarita. CA 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 Diversified Landscape Management, 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, i unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Revised June 2011 Page I 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. Liability Insurance During the entire term of this agreement, the CONTRACTOR agrees to procure and maintain General Liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities, errors or omissions, of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the CITY, or CONTRACTOR or any person acting for the CITY, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the CITY against incurring any legal cost in defending claims for alleged loss. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain coverage at CONTARCTOR'S expense and deduct the cost of such Insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no penalty. Should Contractor's insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage. 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: I Revised June 2011 Page 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 Coverace Insurance (Services involving real property only) CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance. Revised June 2011 Page 4 of 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. Modification/Termination No modification, amendment or other change in this AGREEMENT or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. This AGREEMENT may be terminated with or without cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services shall require thirty (30) days advance written notice unless otherwise agreed in writing between CONTRACTOR and CITY. In the event of termination, CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the notice of termination. Non -Effect Waiver CONTRACTOR's or CITY's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of future exercise of such rights or remedies, unless otherwise provided for herein. Severabilitv In the event that any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be construed as if such unenforceable provisions are not a part hereof. Govemine 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 Requirements shall result in project delays through City issued Stop Work Notices and/or fines levied against the CONTRACTOR. Conflict of Interest CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, C1TY'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 § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California prevailing wage determination at www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. This contract is subject to 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 Waves The work being done pursuant to this Contract is paid for in part by the United States of America. Therefore, pursuant to the provisions applicable to such federal assistance, Contractor acknowledges and agrees that the services, construction, and maintenance pursuant to this Contract is, or may become, subject to certain federal laws and regulations, including, but not limited to, provisions of the Davis -Bacon Act, and particularly 29 Code of Federal Regulations Section 5.5 in part as follows: (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 lune 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 wage determination and which is to be employed under the contract shall be classified in conforn3ance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advice the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(h) (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 I(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 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 Part 5. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (federal stock number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CPR 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 CPR 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 Page 9 of 13 of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (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 FHWA 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 CPR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CPR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or Revised lune 2011 Page I I of 13 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 The parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names and titles this day of 20 CONTRACTOR: CONTRACTOR Name: Address: Phone & Fax No. ALL SICN,cruRES MUST BE Signed By: WITNESSED Bl' NOTARY CITY: Attest: Approved as to Form: Print Name & Class Mayor/City Manager of the City of Santa Clarita City Clerk of the City of Santa Clarita City Attorney of the City of Santa Clarita Date: Date: Date: Revised June 2011 Page 13 of 13