HomeMy WebLinkAbout2014-04-22 - AGENDA REPORTS - NWHL METROLINK PRKG LOT SEAL (2)Agenda Item: 9
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by: Curtis Nay
DATE: April 22, 2014
SUBJECT: JAN HEIDT/NEWHALL AND SANTA CLARITA METROLINK
PARKING LOTS SEAL COAVREPAIR, PROJECT M0094, FTA
PROJECT NUMBER CA -90-Y276 - AWARD CONSTRUCTION
CONTRACT
DEPARTMENT: Public Works
RECOMMENDED ACTION
City Council:
Approve the plans and specifications for the Jan Heidt/Newhall and Santa Clarita Metrolink
Station Parking Lots Seal Coat/Repair, Project M0094, Federal Transit Administration
Project Number CA -90-Y276.
2. Award the construction contract to California Pavement Services, Inc., in the amount of
$198,946, and authorize a ten -percent contingency in the amount of $19,895, for a total
contract amount not to exceed $218,841.
3. Authorize the use of FTA grant funds and increase Revenue Account 700-4424.009 by
$220,000 and appropriate $220,000 to Expenditure Account M0094700-5161.001.
4. Decrease revenues in Transportation Development Act (TDA) Article 8 Account
233-4421.002 and reduce TDA Article 8 funds (233) in Expenditure Account
M0094233-5161.001 by $22,000.
Authorize the City Manager or designee to execute all documents, subject to City Attorney
approval.
BACKGROUND
The City of Santa Clarita (City) has identified federal funds to repair the City's Metrolink
stations. All Metrolink stations within the City are owned and maintained by the City. It is the
City's responsibility to maintain the stations and parking areas.
The City initiated this project to seal coat the asphalt parking lots and restripe the faded striping
to improve its visibility. In addition to the pavement maintenance and striping, the concrete
planters at the Santa Clarita Station parking lot need repair. They were heaved by the trees,
creating various tripping hazards and damage to the asphalt at the base of the concrete curbs
around the planters, as well as some asphalt driveways. The handicap parking areas and access
ramps also need to be upgraded.
An invitation to bid was prepared and published three times, February 2, February 5, and
February 9, 2014, and noticed on the City's website. Plans and specifications were sent to area
plan rooms. Five bids were submitted to the City and opened by Purchasing on February 26. The
results of the bids are shown below:
Company
California Pavement Services, Inc.
Shamrock Paving, Inc.
R. C. Becker & Son, Inc.
Palp, Inc., DBA Excel Paving Company
ANM Construction & Engineering
Location Bid Amount
Santa Clarita, CA
$198,946.36
Bellflower, CA
$202,217.00
Santa Clarita, CA
$247,540.02
Long Beach, CA
$257,897.00
Lancaster, CA
$296,318.00
Staff recommends awarding the construction contract to the lowest responsive bidder, California
Pavement Services, Inc. The contractor possesses a State contractor's license and is in good
standing with the Contractors State License Board. The bid from California Pavement Services,
Inc., was reviewed for accuracy and conformance to the contract documents and found to be
complete.
This project qualifies for 100 -percent federal funding. It is recommended to reduce TDA Article
8 funds to maximize the federal grant to cover all needed work.
Budgeted funds in the amount of $41,164 are available for construction management, design
support, quality assurance, labor compliance, staff oversight, and miscellaneous project
administration costs.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
The Fiscal Year 2013-14 budget consists of $22,000 in TDA Article 8 Funds (233), and $40,005
L
in FTA funds (700). The requested actions to reduce the expenditure account
M0094233-5161.001 by $22,000 and appropriate an additional $220,000 in Federal Transit funds
(700) to account M0094700-5161.001 results in a total project budget of $260,005. Of this
amount, $4,977 has been expended, leaving an available budget of $255,028. This amount will
adequately provide for award of the construction contract, construction management, design
support, quality assurance, labor compliance, staff oversight, and miscellaneous project
administration costs.
ATTACHMENTS
Location Map - M0094
Bid Proposal for California Pavement Services, Inc. available in the City Clerk's Reading File
Contract for for California Pavement Services, Inc. available in the City Clerk's Reading File
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Parking Lots Seal Coat & Repair Project
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SECTION C: PROPOSAL
FOR
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat / Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
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: 121�11 I. �ac-yt « UQrvteCA/V SeSJlw5,
Company Address: 2=!A,8tt Q.ci ,\I56CJ AV(? UV\�y (,
�"VC.. Qf-pa, e CA- G 1321
By: kA LCAA"o \ Ub)i Kc
Print Name
Title: �ea-5t x_vv -
Signature: ��
Date: 'y 2 S' 114
C-1
ip
SECTION C: PROPOSAL
FOR
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat / Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
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: 121�11 I. �ac-yt « UQrvteCA/V SeSJlw5,
Company Address: 2=!A,8tt Q.ci ,\I56CJ AV(? UV\�y (,
�"VC.. Qf-pa, e CA- G 1321
By: kA LCAA"o \ Ub)i Kc
Print Name
Title: �ea-5t x_vv -
Signature: ��
Date: 'y 2 S' 114
C-1
BID SCHEDULE
FOR
CITY OF SANTA CLARITA
JAN HEIDT & SANTA CLARITA METROLINK STATIONS
BID SUMMARY
TOTAL PRICE
IN FIGURES
$ 'A-1AS-
` ' S-
'1
BID -SITE 1
TOTAL
T
INWORDSFOt'}
S21f Q1,W 'l-Itt)U 7.�(1ryCV COVJNOvY G1¢\6�6,.t TK
INTFIGU ESAL E
BID - SITE 2
TOTAL NWORDSE
c�'a2 �A.owxsra�'�.�tiOu�Q'�'tiaa55uv� ro�� �
TOTAL PRICE
IN WORDS
TOTAL PRICEp
IN FIGURES
GRAND TOTAL
TOTAL PRICE
IN WORDS
(�kCrVUn�Ce�YViw�Q�S��`�`+UW l�itvV4h ���-C�"�c f�V
C -2c
BID SCHEDULE
FOR
CITY OF SANTA CLARITA
JAN HEIDT & SANTA CLARITA METROLINK STATIONS (SITE 1)
SITE 1 - 24300 RAILROAD AVENUE, SANTA CLARITA. CALIFORNIA
ITEM
DESCRIPTION
QTY.
UNIT
UNIT COST
1.
Mobilization
1
LS
-
`TOTAL
$
2
Storm Water Pollution Protection
1
LS
---
$ U
Program
3
Crack Fill and Double Application
133,942
SF
$�
s'36,
Emulsion Seal Coat
4
Replace Existing Bumper and
1
EA
$ 46 - Do
$ Lf 6. O U
Refasten
5'
S - Remove and Replace White
1
LS
—
$ CI 2 S • d6
Traffic Markers
6.
S - New Paint Markings
1
LS
---
$ io
TOTAL BID -SITE 1: $t -A PAZ kAl�>
Note:
1. Contractor shall perform all work on the weekends and shall provide a phasing plan
showing areas of work to be completed, as approved by the City. Each phase of work
shall be completed each weekend, so that the area is open to the public during the week.
Z Contractor shall coordinate work with City Staff at the Community Center to accommodate
parking arrangements for Saturday activities at the Community Center,
3. S -- Specialty Item
C -2a
I
BID SCHEDULE
FOR
CITY OF SANTA CLARITA
JAN HEIDT & SANTA CLARITA METROLINK STATIONS (SITE 2)
SITE 2 – 22122 SOLEDAD CANYON ROAD, SANTA CLARITA, CALIFORNIA
ITEM
DESCRIPTION
QTY.
UNIT
UNIT COST
7.
Mobilization
1
LS
—
8.
Storm Water Pollution Protection
1
LS
—
Program
9.
Crack Fill and Double
Application Emulsion Seal Coat
147,908
SF
$ o • 2H
with 30 Mesh Sand
10.
Remove Existing and Install
U
PCC Case C Accessible Ramp
410
SF
$
with Detectable Warnings
11.
S - New Paint Markings
1
LS
—
12.
4 Inch Dig out
3,036
SF
$ (U . b
13.
Remove and Replace PCC Curb
1,171
LF
T
$ 3
14.
Remove and Replace PCC
494
SF
$ D -O -'I S�
Driveway
15.
Remove Roots Under Concrete
Sib •�O
or Pavement Repairs
48
EA
$
TOTAL BID – SITE 2:
TOTAL
$ 1150.00
$ SS0.�0
$ 3 z
$ �6`� , (X)
$ i 2 , S_ZD dG
$3Z,3°S-b`j
$ )0 �3`lci 30
Note:
1. Contractor shall perform all Seal Coat and Striping work on weekends and shall provide a
phasing plan showing areas of work to be completed, as approved by the City. No more
than half of the Santa Clarita Station parking lot can be closed on a weekend without City
approval. Each phase of work shall be completed by the end of each weekend, so that the
area is open to the public during the rest of the week.
2. Contractor may perform PCC, and dig out work during the week by closing small sections
of the parking lot to perform the work. Contractor shall only close areas that are being
worked on.
3. Contractor shall coordinate with City Tree Specialist for root pruning.
4. S -- Specialty Item
C -2b
DESIGNATION OF SUBCONTRACTORS
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat / Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
City of Santa Clarita, California
Listed below are the names and locations of the places of business of each subcontractor,
supplier, and vendor who will perform work, labor, or render service in excess of half of one
percent, or $10,000 (whichever is greater) of the prime contractor's total bid: DBE status, age of
firm, and annual gross receipts are required if subcontractor is participating as a DBE.
Subcontractor (� o
DBE STATUS: ;M W Q
Dollar Value of Work
Age of Firm:
Certifying Agency: i7 0 1
Annual Gross Receipts: $oo qQ
Location and Place of Business
Certifying A en 1
IOSLtS vele V,�
ti k.3Q(, I)oLk Call 1346
Bid Schedule Item Nos.:
l y
Phone ( )
Description QQf Work
uvt �vL,6
10 13
BidSceduleItemNos.:
CO M VVJ t
LicTN6 O 7
2525
Exp. Date: t /
i0 'Sl 20l
Phone (60 7 ZZ i
Subcontractor tAV1
Subcontractor
DBE STATUS: (Vc we
Dollar Value of Work 6z 5 „ (SG
UOSE SQW
Age of Finn:
Certifying A en 1
Annual Gross Receipts:
Location and Place of Business
5'�go oltvAct Ra 1�I 506(eiti `e
Exp. Date:
Phone ( )
i
BidSceduleItemNos.:
DescrptionofWrk
l le
License�N�� / S>
Exp. Date: .(y k
Phone 1() _ c� tf 0?—
Z
Subcontractor
Age of Firm:
DBE STATUS:
Certifying Agency :
Dollar Value of Work
Annual Gross Receipts:
Location and Place of Business
Bid Schedule Item Nos.:
Description of Work
License No.
Exp. Date:
Phone ( )
Note: Bidders shall fill out the subcontractor's list in its entirety. The total dollar value of work to be performed by
subcontractors shall be in conformance with Section 2-3 "Subcontracts" of the Special Provisions in these contract
documents.
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat/ Repair Project
City Project No. M0094
C -3a
EXIIIBIT 15-G LocAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS)
NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM
LOCAL AGENCY:C ly�'�. A �e'll� v`V f r F`S- LOCATION: YEN N 2� (` �eKG � i rt
PROJECT DESCRIPTION: Se -41 PRCAT
TOTAL CONTRACT AMOUNT::$ ( rrZ t H 6 - X
BID DATE. I
: l' & � 4 6 C%AIG
BIDDER'SNAMER
CONTRACT DBE GOAL:
ONTRACT nEmoFwORKANDDESC=ON DBFcERTNO.
I7EMNO. OR SERVICES TO BE ANDEYPIRATION
SUBCONTRACTED OR MATERIALS DATE
TO BE PROVIDED (or contacted if the
idder is a DBE)
NAME OF EACH DBE
(Must be cenified on the date bids
are opened - include DBE address
and phone number)
DOLLAR AMOUNT
DBE
j 3 9 20 f
CA 0
- a
Leviblt 127c;wf3122 fS
wtt
4200
1 cr 7j r 40f44 3T22i I
cunc6
60
For Local Agency to Complete:
Local Agency Contract Number:
Federal -aid Project Number.
Federal Share:
Total Claimed DEE
Participation
g 1 00
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:
!Nr
Signature oBidder
'9/2-7/1V 1-76-7
Date, (AM Cone) Tel. No.
Person to Contact (Please Type or Print)
Lou] Agency Bidder DBE Coon firman (Construction Common)
(Rav (126/09)
Distribution: (1)Copy-Fox oramm a copyto the Caltrans District Local Assistance Engineer(DLAE)within 30 days of contract execution. Failureto
send a copy to the DLAE within 30 days of contract execution may result in de•obligation of funds for this project.
(2) Copy -Include in award package to Caltrans District Local Assistance
(3) Original -Local agency files
C-22
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat/ Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
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. V e6hT C y�lA N T 2- %c3A C)p Vc.1. W�rMAt�
.-M
2. C'A--� m�- �c.v CZ C�oc�4a, 11(J'>
43
rJS %1W — 14 S —
RIM
VAe� z z.73wd A 2,25-
-201,2-
�ap 0-zott
Cle.troLz�, CA
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom
BIDDER intends to procure insurance bonds:
1q50g teff\-WeA 3w-0. --t'A-P-zavict tom- `113S(o
' 12 — 'M — 10\1
CPS
Contractors Name
C-4
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat I Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
City of Santa Clarita, California
The bidder under penalty of perjury, certified that except as noted below, he/she or any person
associated therewith in the capacity of owner, partner, director, office manager:
is not currently under suspension, debarment, voluntary exclusion or determination of ineligibility by
any federal AGENCY;
has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal
AGENCY within past three years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidders'
responsibility. For any exception noted above, indicate below to whom it applies, initialing AGENCY, and
dates of action.
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-5
�f EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat / Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
City of Santa Clarita, California
This bidder proposed subcontractor 'k�kwer> , hereby certifies
that he has , has not _�, participated in a previous contract or subcontract subject to the
equal opportunity clause, as required by Executive Orders 10925.11114, or 11246, and that he has
, has not ✓ , filed with the Joint Reporting Committee, and Director of Office of Federal Contract
Compliance, a Federal Government contracting or administering AGENCY, or the former President's
Committee on Equal Employment Opportunity, all reports that are under the applicable filing
requirements. //11 c
Company: UfbC43l �/WaAit.n-r %WkC20 1�1C-
By:
Title: ?l rt 51 4T
Date: 1 - 2-(, - Zo ILA
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.
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:
G
Business Address: 2.1-4 1\ (� , ` f (nCY A -VP- , i U h .� 2 SG,,, �G C1Uc. k, C4
Telephone No.: �, L 1-? — `J -y -I �
State CONTRACTOR's License No. & Class: S3 fi t? -12 i '3 2
Original Date: S I L1 / l et r e Expiration Date: SI 3) ZG 1
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:
LA i. V, „1 vti�_1 — —PCD",lo,,)l Q9530 P_CrAkwe-K C,
V1h e �ti OI��N "vice Qcestdev� '2- C.
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in
this proposal, or any firm, corporation, partnership or joint venture of which any principal having an
interest in this proposal was an owner, corporate officer, partner or joint venture are as follows:
C-7
All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in
this, proposal are as follows:
IV / 1�*
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and
seals of all aforementioned principals this Z -Z day of 2- 20 L'- ,.
BIDDER:
tiU6` VOU1i-tt'.'-
and Title of Signatory
Legal Name of Bidder
Address
W-25q-Ii6i
Telephone Number
C
W � s'
S&LK -C' 0
4s-q?76o(Iyf
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
C-8
day of , 20_.
(SEAL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of O5 13V1 �e LeS J}
CIVIL CODE § 7188
On 2-Z-1 ^2-01,14before me, E.-L2Ct,Ue. V � ���f 5 r Nd-yrkifU-1 ,
Date - Hare Ineert Nemo ano i me, of the umcer
personally appeared
ELIZABETH GEIS
commission • 1907667
Notary Public - California I'
_ Los Angeles Counr
ty
My Comm. Expires Oct 10, 201 /
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/shetthey executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my ho and official seal.
Signature:
Place Notary Seal Above OPTSignature of Notary Publio
IONAL
Though the information below is not required by law, itmay prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: _
Capacity(fes) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s): _
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
Neeonel NotaN Aesocieeon
RIGHT THUMBPRINT
OF SIGNER
NOTARY
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual a
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Item #5907
PROPOSAL GUARANTEE
BID BOND
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat/ Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that California Pavement Services, Inc. , as BIDDER,
and Indemnity Company of California as SURETY, are held and
firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of 10% of amount bid
dollars ($ 10% of bid 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
18th day of February 2014
BIDDER:
Inc. - Ph. 661254-1767
Name and Title of Signatory
24811 Railroad Ave., Unit R, Newhall, CA 91321
Address
SURETY* Indemnity Company of California -Ph. 714 784-5539
500 S. Kraemer Blvd., Suite 300, Brea, CA 92821
Subscribed and swom to this day of 20 .
NOTARY
(SEAL)
*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-10
--'MM.Ze.2, mae;,^w .�..,, :rx �.' ^.x i.>—<. •:n r m?. by xv 'gz, - ,^'r m,+r
ACKNOWLEDGMENT
State of California
County of Los Angeles )
On AFB 1 B$i1)4 before me, Christopher John Rizzotti Notary
(insert name and title of the officer)
personally appeared David Noddle
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS
Signature
f nrIHISTQPHEH ,-L"in HIT O -i l
CO."Ahl.92052717 <
G9^R? Y NOTARY PUP,.IC CALIFORNIA
1" LOS ANGELES COUNTY C0
>\ P
hty Comm Expires JANUARY 17. 2016 r
(Seal)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expresslytimffed, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint
"Angela Bisordi, Sheila Noddle, Renee Tarica, David Noddle, jointly or severally`'
as Meir true and IawfulAttamey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety.
ship giving and granting unto said Attomey(syi -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Atfomey(s)-in-Fact, pursuant M Mese presents,
are hereby raffied and conformed.
This Parer of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power ofAttomay, qualifying the attomey(s) named in the Power ofAtlorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of A6crney;
RESOLVED, FURTHER that the signatures of such officers may be affixed to.mysuch Power ofAhomey or to any cerifcate relating thereto by facsimile, and any such
Power of ARoney or certifrcats bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by
their respective officers; and attested by their respective Secretary orAssistant Secretary this May 23, 2013.
r..0. ANO 4V, OMPANYO
:40gP�
Daniel Young, Senior Vice -President ?,. p"
>yORq� ;yip Al PPOq
By.
tori OCT.BOCT.5 O T
Gregg10 i
N.0 Ice-P�dent °� 1936 '0 0 1967 2
'•c,�O,v`D•,/OW P,...?a' y cg41FOPev�P a�
State of California _ '0,y.r* .�,. * .
County of Orange """" .
On May 23 2013 hot= me, Gina L. Gamer, Notary Public
Data Here Insert Name and Title of the Officer
pdsurafiy appeared Daniel Young and Gregg N. Okum
Name(s) of Signer(s)
who proved to me on the bass of satisfactory evidence to be the person(s) whose name(s) is/are subscdbed to
the within Instrument and acknowledged to me that helshefthey executed the same In his/nerftheir authorized
capacity(m), and that by hisertthelr signature(s) on the instrument the person(s), or the entity upon behalf of
LINA L, GARNER 6 which the person(s) acted, executed the instrument
COMM. #2021213
CALIFORN
12 NOTARY
ORANGEOCOUNTY IA
s
JI My comm, expires. May 16, 2017I�
Place Notary Seal Above
I certify under PENALTY OF PERJURY undo the laws or the State of California that the foregoing paragraph is.
true and correct
WITNESS my hand and official seal.
Sionatum
Gina L. Gamer,
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
badly that the foregoing Paver of Attorney remains In full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors; of
said corporations set forth In the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this day of. FEB 18 2W
By
Mark J. Landon, Assistant Secretary
ID4380(Rev.05/13)
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat I Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
City of Santa Clarita, California
To the CITY OF SANTA CLARITA:
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, the
Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to
put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed
with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the
Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,
company association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE "BIDDER'S CERTIFICATION"
SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS
WHICH FORMA PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE
CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION.
C-11
NON -COLLUSION AFFIDAVIT
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat / Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
City of Santa Clarita, California
TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )) §
t�t'%-C.A being first duly sworn deposes and says that he is
the res. ¢ (sole_._owneF a --Wiser, president, etc.) of
CC, � t Saarl�c IK( the party making the foregoing bid; that
such bid is not made in the interest o�r 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.
Bidder:
Signa
TitleSLrY.Da/�
Subscribed a
.5 sworn to and before me this 2-1 day of (-e,\o &vz 20114
ELIZABETH GEIS
Commission • 1907667
i Notary Public - California
Los Angeles County
M Comm. Expires Oct 10, 2014
C-12
BIDDER'S QUESTIONNAIRE
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat / Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
City of Santa Clarita, California
If the bidder has answered the questionnaire within the past year and there are no significant changes in
the information requested, then the bidder need not file a new questionnaire. If there are changes,
indicate those changes. Should the space provided not be adequate, so indicate and complete
information on a separate page(s) and attach hereto.
Submitted by: HLCLC-ej NL46 C, -,vim Telephone: 6,61-2:3q- 1?67
Principal Office Address:" In 4( KGt 1 1 irrGdv &Vy - 2,," fk� tX1 n rcrt
2. Type of Firm: &l) 1/vtS CO � ftrC C�r2
Corporate: V Other:
Individual:
Partnership:
3a. If a corporation, answer these questions:
Date of Incorporation: l - 1,- P_COC) State of Incorporation: CA
President's Name:
Vice -President's Name: t 14A tla SCi
Secretary or Clerk's
Treasurer's Name:
3b. If a partnership, answer these questions:
Date of organization: State Organized in:
Name of all partners holding more than a 10% interest:
C-13
CERTIFICATION OF NON -SEGREGATED FACILITIES
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat/ Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
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 speck 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.
CONTRACTOR
This is 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-15
ADDENDUM NO. 1
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat/Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
IN THE CITY OF SANTA CLARITA, CALIFORNIA
February 4, 2014
This Addendum consists of addendum sheets AD01-1thru AD01-3 and modifies and forms
a part of the Contract Documents noted below. Portions of the Contract Documents not
specifically mentioned in this Addendum remain in force. All trades affected shall be fully
advised of these changes, deletions, and additions. No time extensions are granted.
Changes and Clarifications to Bid Proposal:
DBE Commitment Submittal
Submit DBE information on the "Local Agency Bidder -DBE Commitment (Construction Contracts),"
Exhibit 15-G, form included in the Bid book. If the form is not submitted with the bid, remove the
form from the Bid book before submitting your bid.
If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low
bidder, and the 3rd low bidder must complete and submit the DBE Commitmentform to the Agency.
DBE Commitment form must be received by the Agency no laterthan 4:00 p.m. on the 4th business
day after bid opening.
Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If
the Agency requests you to submit a DBE Commitment form, submit the completed form within 4
business days of the request.
Submit written confirmation from each DBE stating that It is participating in the contract. Include
confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written
confirmation that the DBE is participating in the contract.
If you do not submit the DBE Commitment form within the specified time, the Agencyfinds your bid
nonresponsive.
Good Faith Efforts Submittal
If you have not met the DBE goal, complete and submit the "DBE Information - Good Faith Efforts,"
Exhibit 15-1-1, form with the bid showing that you made adequate good faith efforts to meet the goal.
Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good
faith efforts documentation is not submitted with the bid, it must be received by the Agency no later
than 4:00 p.m. on the 4th business day after bid opening.
AD01-1
w
If your DBE Commitment form shows that you have met the DBE goal or if you are required to
submit the DBE Commitment form, you must also submit good faith efforts documentation within the
specified time to protect your eligibility for award of the contract in the event the Agency finds that
the DBE goal has not been met.
Good faith efforts documentation must include the following information and supporting documents,
as necessary:
1. Items of work you have made available to DBE firms. Identify those items of work you might
otherwise perform with its own forces and those items that have been broken down into
economically feasible units to facilitate DBE participation. For each item listed, show the
dollar value and percentage of the total contract. It is your responsibility to demonstrate that
sufficient work to meet the goal was made available to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project.
Include the items of work offered. Describe the methods used for following up initial
solicitations to determine with certainty if the DBEs were interested, and the dates of the
follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent,
telephone logs, telephone billing statements, and other evidence of solicitation. You are
reminded to solicit certified DBEs through all reasonable and available means and provide
sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available.
Include name, address, and telephone number of each DBE that provided a quote and their
price quote. If the firm selected for the item is not a DBE, provide the reasons for the
selection.
4. Name and date of each publication in which you requested DBE participation for the project.
Attach copies of the published advertisements.
5 Names of agencies and dates on which they were contacted to provide assistance in
contacting, recruiting, and using DBE firms. If the agencies were contacted in writing,
provide copies of supporting documents.
6. List of efforts made to provide interested DBEs with adequate information about the plans,
specifications, and requirements of the contract to assistthem in responding to a solicitation.
If you have provided information, identify the name of the DBE assisted, the nature of the
information provided, and date of contact. Provide copies of supporting documents, as
appropriate.
rr. r
7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance,
necessary equipment, supplies, and materials, excluding supplies and equipment that the
DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such
assistance is provided by you, identify the name of the DBE assisted, nature of the
assistance offered, and date, Provide copies of supporting documents, as appropriate.
6. Any additional data to support demonstration of good faith efforts
Attachments:
None
Robert G. Newman
Director of Public Works, City of Santa Clanta
BIDDER'S CERTIFICATE
I acknowledge receipt of this Addendum No. 1 and accept the aforementioned conditions.
Z/ lo 2014
Date
THIS DOCUMENT TO BE'SUBMITTED WITH BID
ADOI-3
ADDENDUM NO. 2
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat/Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
IN THE CITY OF SANTA CLARITA, CALIFORNIA
February 10, 2014
This Addendum consists of addendum sheets AD02-1thru AD02-3 and modifies and forms
a part of the Contract Documents noted below. Portions of the Contract Documents not
specifically mentioned in this Addendum remain in force. All trades affected shall be fully
advised of these changes, deletions, and additions. No time extensions are granted.
Changes and Clarifications to Bid Proposal:
Section G2.9.4 Paragraph 4 is replaced with the following:
Contractor shall place 4" of Crushed aggregate/miscellaneous base material at 95°fi relative compaction.
Section G2-93 is replaced with the following:
G2-13 STORM WATER POLLUTION PROTECTION PROGRAM
G2-13.1 GENERAL
The contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to
water pollution control. The contractor shall submit a plan that outlines which BMPs that will be used for
the project duration and where the BWs are to be utilized. The contractor shall use BMPs from the
included list below or as approved by the City.
G2-13.4 PAYMENT
Payment for submittal of the plan, and implementation and maintenance of BWs shallbe made atthe contract
unit price as a lump sum price as shown on the bid schedule for each location (SITE) as "Storm Water
Pollution Protection Program" This payment shall include all costs associated with the work including
construction, materials, and workmanship.
Minimum BMP List:
No.
BMP Description. CASQA BMP No.
1.
Restrict paving and repaving activity to exclude periods EC -1, Scheduling
of rainfall or predicted rainfall unless required by NS -3, Paving & Grinding,Operations.
emergency conditions.
AD02 -1
2.
Install gravel bags and filter fabric or other equivalent
5E-10, Drain Inlet Protection
inlet protection at all susceptible storm drain inlets and
SE -6, Gravelbag Berms
at manholes to prevent spills of paving products and
NS -3, Paving & Grinding Operations.
tack coat.
3.
Prevent the discharge of release agents including
NS -3, Paving & Grinding Operations
soybean oil, other oils, or diesel to the storm water
WM-2, Material Use
drainage system or receiving waters.
WM-4, Spill Prevention & Control.
4.
Minimize non storm water runoff from water use for the
NS -1, Water Conservation
roller and for evaporative cooling of the asphalt.
NS -3, Paving & Grinding Operations.
5.
Clean equipment over absorbent pads, drip pans,
NS -3, Paving & Grinding Operations
plastic sheeting or other material to capture all spillage
NS -6, Vehicle & Equipment Cleaning
and dispose of properly.
WM-4, Spill Prevention & Control.
6..
Collect liquid waste in a container, with a secure lid, for
NS -3, Paving & Grinding Operations
transport to a maintenance facility to be reused,
WM-6, Hazardous Waste
recycled or disposed of properly.
Management. .
7.
Collect solid waste by vacuuming or sweeping and
NS -3, Paving & Grinding Operations
securing in an appropriate container for transport to a_
SE -7, Street Sweeping & Vacuuming_
maintenance facility to be reused, recycled or disposed
of properly.
8.
Cover the "cold -mix" asphalt (i.e., pre -mixed aggregate
NS -3, Paving & Grinding Operations
and asphalt binder) with protective sheeting during a
WM-3, Stockpile Management.
rainstorm.
g.
Cover loads with tarp before haul -off to a storage site,
NS -3, Paving & Grinding Operations
and do not overload trucks.
WE -1, Wind Erosion Control.
10.
Minimize airborne dust by using water spray or other
NS -3, Paving & Grinding Operations
approved dust suppressant during grinding.
WE -1, Wind Erosion Control.
u
AD02 - 2
ADDENDUM NO. 3
Jan Heidt, Santa Clarita, Metrolink Parking Lots,
Seal Coat/Repair Project
BID # ENG -13-14-M0094
City Project No. M0094
FTA Project number CA -90-Y276
IN THE CITY OF.SANTA CLARITA, CALIFORNIA
February 20, 2014
This Addendum consists of addendum sheetAD03-1 and modifies and forms a part of the
Contract Documents noted below. Portions of the Contract Documents not specifically
mentioned in this Addendum remain in force. All trades affected shall be fully advised of
these changes, deletions, and additions. No time extensions are granted.
Changes and Clarifications to Bid Proposal:
Federal Minimum Wage Rates:
Please replace the Wage Rates in Appendix "B" with the attached new updated Wage
Rates. These Wage Rates are incorporated and made a part of the contract specifications.
Attachments:
Federal Wage Rates CA33 1/31/14 REV 4 10 day - PDF
Ll
Robert G. Newm n
Director of Public Works, City, of Santa Clarita
BIDDER'S CERTIFICATE
I acknowledge receipt of this Addendum No. 3 and accept the aforementioned conditions.
2i~z- 2014
Date Bidder's Signature
THIS DOCUMENT TO BE SUBMITTED WITH BID
AD03 -1
I
11.
Avoid stockpiling soil, sand, sediment, asphalt material
NS -3, Paving & Grinding Operations
and asphalt grindings materials or rubble in or near
WM-1, Material Delivery & Storage
storm water drainage system or receiving waters.
WM-3, Stockpile Management.
12.
Protect stockpiles with a cover or sediment barriers
WM-3, Stockpile Management
during a rain. NS -3, Paving & Grinding Operations.
Attachments:
None
Robert G. Newman
Director of Public Works, City of Santa Clarita
BIDDER'S CERTIFICATE
I acknowledge receipt of this Addendum No: 2 and accept the aforementioned conditions.
2014 '% ����
Date Bidder's Signature
THIS DOCUMENT TO BE SUBMITTED WITH BID
AD02 - 3
C S 24811 Railroad Avr
calHornla UnitR
CP
` Newhall, CA 91321
QUALITY PAVING EXPERTS -
CITY OF SANTA CLARITA
Z014FEB 21 All?44
RECEIVED
PURC1-IASII'MG
"SEALED BID FOR Jan Heidt, Santa Clarita; Metrolink Parking
Lots Seal Coat/Repair Project, BID # ENG -13-14-M0094, City
Project No. M0094, FTA Project number CA -90-Y276, City of
Santa Clarita, California — DO NOT OPEN WITH REGULAR MAIL.
CAPITAL IMPROVEMENT PROJECT AGREEMENT
Contract 14-00150
Jan Heidt/Newhall and Santa Clarita Metrolink Parking Lots Seal Coat/Repair, Project
M0094, FTA CA -90-Y276
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 California
Pavement Services, 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 apart hereof as though fully set forth herein.
ARTICLE lI
For and in consideration of the payments and agreements to be made and performed by CITY,
CONTRACTOR agrees to famish 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 firmishing all materials, performing all work, and fulfilling all obligations
hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the work during its progress or prior to its acceptance including those for well
and faithfully completing the work and the whole thereof in the manner and time specified in the
aforesaid contract documents; and also including those arising from actions of the elements,
unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or
discontinuance of the work, and all other unknowns or risks of any description connected.with the
work.
Revised 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 hldemnitees 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 hrdemnitees 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 Apreement 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 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 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 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/Tennination
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.
Severability
In the event that any one or more of the provisions contained in this AGREEMENT shall for any
reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding
shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be
construed as if such unenforceable provisions are not a part hereof.
Governine 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 Iocal 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, 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 §. 1773.2,
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.izov/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 lune 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 wage 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 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)(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
1(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 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
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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 (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 contract. Such disputes shall
be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts
5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or
any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
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(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 & Fax No.
ALL s1GNATuRES Musr BE Signed By:
WITNESSED BY NOTARY
CITY:
Attest:
Approved as to Form:
Revised June 2011
Print Name & Title:
CONTRACTOR's License No.
Class
Date:
Mayor/City Manager of the City of Santa Clarita
City Clerk of the
City Attorney
of Santa Clarita
City of Santa Clarita
Date:
Date:
Page 13 of 13