City Hall UPS Systems Modernization Project.pdf

NOTICE INVITING BIDS

City Hall UPS Systems Modernization Project

Bid # TS-26-27-18

TABLE OF CONTENTS

Bid #TS-26-27-18 City Hall UPS Systems Modernization Project

City of Santa Clarita, California

SECTION A

NOTICE INVITING BIDS

DOCUMENT CHECKLIST

SECTION B

BID INSTRUCTIONS

BID CLAUSES

SECTION C

PROPOSAL FORM

NOTICE TO BIDDERS REGARDING CONTRACTUAL REQUIREMENTS

ALTERNATE BID SCHEDULE

BIDDER’S INFORMATION AND CERTIFICATION

BIDDER’S QUESTIONNAIRE

CERTIFICATION OF NON-SEGREGATED FACILITIES

DESIGNATION OF SUBCONTRACTORS

REFERENCES

PROPOSAL GUARANTEE BOND/BIDDER’S BOND

NON-COLLUSION AFFIDAVIT

SECTION D

SUBCONTRACTOR CLAUSES

SECTION E

CAPITAL IMPROVEMENT PROJECT AGREEMENT

LABOR AND MATERIAL BOND

FAITHFUL PERFORMANCE BOND

FRINGE BENEFIT STATEMENT

SECTION F

SCOPE OF WORK

EXHIBIT A

C&DMMP FORM

SECTION A

Solicitation Information

CITY OF SANTA CLARITA NOTICE INVITING BIDS

Project Name: City Hall UPS Systems Modernization Project

BID #: TS-26-27-18

Dates Published: September 2, 2026 & September 9, 2026

Pre-Bid Meeting: September 15, 2026 at 11:30 AM

Last Day for Questions: September 21, 2026 before 11:00 AM (PT)

Bid Closing: October 1, 2026 before 11:00 AM (PT)

Engineer’s Estimate: $200,000

License(s) Required: C-10

Project Description: The objective of this project is to replace the existing legacy uninterruptible power supply (UPS) system with modular, high-efficiency Li-ion battery technology that improves reliability and provides a minimum of 120 minutes of runtime at the full connected load of each floor.

Bond Requirements: Yes

Contact Information: Jaclyn Abston | jabston@santaclarita.gov

Prevailing Wage Monitoring: This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations.

Required Contractor & Subcontractor Registration: Only bids submitted by bidders (along with all listed subcontractors) that are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 will be accepted.

Specifications for this bid may be downloaded from the City’s Purchasing website at:

www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and bid requirements. The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the bid documents is available upon request in the City Clerk’s office, suite 120.

Bid Questions should be submitted electronically via BidNet “Question and Answer” tab.

Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged via BidNet in addition to a printed and signed version submitted with the bid. If addenda are not signed and submitted with the bid proposal, the bid may be deemed non-responsive and rejected.

mailto:jabston@santaclarita.gov

DOCUMENT CHECKLIST

The following documents must be completed and submitted by the bidder as per the outlined timeframes.

The following documents must be provided by ALL bidders:

Uploaded via BidNet (see Section C)

❑ Proposal Form ❑ Notice to Bidders Regarding Contractual Requirements ❑ Alternate Bid Schedule ❑ Bidder’s Information and Certification ❑ Bidder’s Questionnaire ❑ Certification of Non-Segregated Facilities ❑ Designation of Subcontractors ❑ References ❑ Non-Collusion Affidavit ❑ All signed addendums (if any)

Delivered to City Hall, Attn: Purchasing, Suite 120 prior to bid closing:

❑ Proposal Guarantee Bond/Bidder’s Bond (Notarized)

The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Philipp Sumagaysay

❑ Capital Improvement Project Agreement ❑ Faithful Performance Bond (Notarized) ❑ Labor & Material Bond (Notarized) ❑ Insurance Required by Contract ❑ W9 ❑ Fringe Benefit Statement ❑ C&DMMP Form

SECTION B

Bid Instructions and Bid Clauses

BID INSTRUCTIONS

1. SUBMITTING BIDS. The bid response must be submitted on this form and include all forms provided or information requested or required by the scope of work or specifications. Bid forms must be uploaded via BidNet. Bids submitted by any other method, including paper delivery, email, or fax, will be deemed non-responsive and will not be considered for award.

www.bidnetdirect.com//cityofsantaclarita

1.1. Proposals/corrections received after the bid closing time will not be accepted. The City will not be responsible for bids not properly or timely, uploaded. Upon award, all submissions become a matter of public record.

1.2. Notarized Forms - An original, notarized Proposal Guarantee Bid Bond and Bid Security Form for Check or Bond to Accompany Bid must be submitted as a hard-copy original. This document must be received at the address specified below no later than the bid due date and time for the vendor to be considered responsive. This document is to be received in a separately sealed envelope clearly marked with title of content, vendor’s name and address, and bid number.

City of Santa Clarita ATTN: Purchasing 23920 Valencia Blvd, Suite 120 Santa Clarita, CA 91355

1.3. Pricing must be entered into line items section of BidNet. All documentation of unit pricing or other cost breakdowns as outlined in this bid shall be submitted to support the total bid price.

All bid amounts will be deemed to include any applicable taxes (Sales Tax, Use Tax, or any other tax). In the case of any pricing entered elsewhere that conflicts with what is entered on BidNet, the numbers entered on BidNet shall govern.

2. BID OPENING. The City publicly opens bids online via BidNet at the time shown on the “CITY OF SANTA

CLARITA NOTICE INVITING BIDS.”

3. PRE-BID MEETING AND JOBWALK. A non-mandatory, pre-bid meeting to discuss the required scope of work will be held at 11:30 AM on September 15, 2026, at City Hall, 23920 Valencia Blvd, Santa Clarita, CA 91355 - Lobby.

4. BID QUESTIONS. Questions shall be submitted and responses provided electronically through the BidNet platform in accordance with the date and time shown on the “CITY OF SANTA CLARITA NOTICE

INVITING BIDS.”

5. BONDS. Bid bonds shall be furnished by all Bidders in the amount of at least 10% of the total value of the bid to guarantee that Bidders will enter into contract to furnish goods or services at prices stated.

The bonding company must be listed on Treasury Circular 570 and licensed to operate in the state of http://www.bidnetdirect.com/cityofsantaclarita

California. Likewise, a Faithful Performance Bond and a Labor and Material Bond shall be required of the successful Bidder when stated in the specification.

6. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. All addenda will be issued through the BidNet platform, and it is the Bidder’s responsibility to monitor BidNet for release of the addenda prior to submission of the quote to make certain the package is complete and all required addenda are included. All official information and guidance will be provided as part of this solicitation or written addenda and Bidders are cautioned against relying on verbal information in preparation of the bid response. Addenda must be digitally acknowledged through BidNet in addition to a printed and signed version submitted with the bid. If addenda are not signed and submitted with the quote response, the bid may be deemed non-responsive and rejected.

7. INSPECTION OF WORKSITE. Bidders are encouraged to inspect the worksite, by personal examination or by such other means, of the location of the proposed work and the actual conditions of the worksite. If, during the course of examination, a Bidder finds facts or conditions which conflict with the bid documents, he/she shall submit questions for clarification via BidNet.

The submission of any received bid shall constitute an acknowledgement that any necessary site inspection has taken place. No claim for additional compensation will be allowed which is based upon lack of knowledge of the work site.

8. INTERPRETATION OF CONTRACT DOCUMENTS. Errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the City and clarified by the last day for questions. No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents. All questions should be submitted via BidNet platform.

9. BRAND NAMES, ALTERNATIVES, OR EQUIVALENTS. In the bid documents, the use of a specific manufacturer, brand or make does not restrict Bidders in their proposed solution. When brand names are used, it indicates the quality and utility of the article desired; thus, the bids submittal shall in all cases propose goods equal in quality and utility.

If Materials differing from stated specifications may be considered, provided such differences are clearly noted and described. The City shall make the final determination of compliance with the specifications. If proposing an alternative or equivalent product, the Bidder shall provide the cut sheet/spec sheet or detailed product description for the proposed product via email to purchasing@santa-clarita.com prior to the last day for questions. For each product proposed documentation provided must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of “equal” products specified in the solicitation. The proposal must clearly identify the item by brand name (if any), and make/model number, and may include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the City. The proposal shall clearly describe any modifications the Bidder plans to make in a product to make it conform to the solicitation requirements.

The City has the option of accepting or rejecting any alternative or equivalent product. Exception is made on those items wherein identical supply has been determined a necessity and the notation NO SUBSTITUTE has been used in the specification section.

10. NON-DISCRIMINATION. In the performance of this Contract, Bidder shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. Bidder shall likewise require each subcontractor to comply with this paragraph and shall include in each such subcontract language similar to this paragraph.

11. PROTECTION OF RESIDENT WORKERS. The City actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and I-9 employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Bidder 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.

12. BID VALIDITY. All bids, including all pricing, shall be effective/valid for a minimum period of 180 calendar days after the date of bid closing. In the event a final contract has not been awarded within this period, the City reserves the right to negotiate extensions to this period.

13. AWARD OF CONTRACT. If the City awards the contract, the award is made to the lowest responsible and responsive Bidder. This is determined solely by the City. Additionally, the City reserves the right to reject any or all bids, to waive (or not waive) any irregularity, and to take the bids under advisement for a period of ninety (90) days, all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated. All bids will be compared with the Engineer's Estimate.

The acceptance of a bid will be evidenced by a Notice of Award of Contract in writing, delivered to the Bidder whose bid is accepted. All other unsuccessful Bidders will also receive notification. This correspondence may be issued via BidNet. No other act of the City shall constitute acceptance of a bid. The award of contract shall obligate the Bidder, whose bid is accepted to furnish all required bonds, as well as evidences of insurance and execute the contract set forth herein.

The successful Bidder will be required to furnish a Labor and Material Bond in an amount equal to one hundred percent (100%) of the Contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price. Also, the successful Bidder will be required to submit worker’s compensation insurance, and liability insurance with the contract. Surety bonds shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Treasury Circular 570 and satisfactory to the City.

The determination of lowest bid shall be based upon base bid only.

Additionally, the City reserves the option to award the Additive Alternate submission at a later date, subject to future funding and project requirements.

The City reserves the right to add any applicable additive or deductive alternates via change order at any time during the project up to the last contract working day. The bidder agrees to hold all unit prices bid for alternates constant throughout the project’s duration up to the last contract working day. No additional compensation for alternates added by change order will be allowed beyond the amount shown on the original bid.

Increases or decreases in work quantities within the specified limits shall not invalidate the unit bid or contract prices. The bidder shall not claim any loss of anticipated profits because of any alteration or variation between the approximate quantities and the quantities of work as done. The City reserves the right to increase or decrease the amount of any or all of the approximate quantity shown in the Bid Schedule and to add or delete the type and extent of work identified and summarized.

Bidders are also directed to the provisions in “Award and Execution of Contract” of the Standard Specification of Public Works Construction (SSWPC) latest edition, and in the General Provisions of this document.

Finally, the City reserves the right to reject any and all bids, or delete portions of any and all bids, or waive any irregularity in the bid not affected by law.

14. WITHDRAWAL OF BIDS PER PUBLIC CONTRACT CODE. A bid may be withdrawn by a written request signed by the Bidder. Such requests must be delivered by certified mail to the Purchasing Agent to the address below. Failure to comply may result in forfeit of bid bond.

City of Santa Clarita ATTN: Purchasing 23920 Valencia Blvd, Suite 120 Santa Clarita, CA 91355

15. ASSIGNMENT OF CONTRACT. The Contract may not be assigned without the written consent of the

City, provided that this shall not preclude the assignment of the Contract as security or the assignment of the whole or any part of the proceeds of the Contract including monies, assessment, partial assessment, reassessment, or any bonds which may be issued and represent any assessment or reassessment due or to be due under the Contract.

Before entering into a Contract, the successful Bidder shall furnish a statement of the company’s financial condition and previous construction experience or such evidence of his qualifications as may be required by the City.

16. CONTRACTOR LICENSE. The successful Bidder shall provide the required license(s) listed on the Notice Inviting Bids, at the time of bid closing. The successful Bidder must be properly licensed as a contractor from contract award through contract completion (Public Contract Code § 10164). Bidders shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code.

17. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS. No Bidder or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)]. No

BIDDER or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

18. REQUIRED CONTRACTOR AND SUBCONTRACTOR REGISTRATION.

18.1. Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00 4330 (Subcontractors List) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

18.2. Subject to Labor Code Sections 1771.1(c) and (d), any Bid not complying with paragraph A. above shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Section 1771.1(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award.

18.3. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

19. PREVAILING WAGES. This contract is subject to the State prevailing wage requirements of the California Labor Code including, but not limited to, Sections 1770, 1771.5, 1773, 1776 and 1777.5.

Contractor shall comply with California prevailing wage laws including, to the extent applicable, Labor Code Section 1720.9. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. The Contractor is responsible for obtaining a current edition of all California statutes and regulations, and adhering to the latest editions of such.

20. SCOPE OF WORK/SPECIFICATION MODIFICATIONS. The right is reserved, as the interest of the City may require, to amend the specifications or drawings before the bid closing date. Such revisions and amendments, if any, will be announced by an addendum or addenda. Copies of such addenda as may be issued, will be furnished to all prospective Bidders. If the revisions and amendments require material changes in quantities or price bid, or both, the date set for bid closing may be postponed by such number of days as, in the opinion of the City, will enable Bidders to revise their bids. In such cases, the addendum will include an announcement of the new date for bid closing.

The Bidder is required to acknowledge all issued addendums at the time of bid closing. Please sign and return all submitted addendums to avoid disqualification of the submitted bid. It is the Bidder’s responsibility to ensure all addendums have been received before the bid closing.

http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

21. SUBCONTRACTORS REQUIREMENTS. Each Bidder must submit the Designation of Subcontractors form with their bid. No bid shall be considered unless it is included with the bid submission. Please see Section D: Subcontractor Information for more information.

22. MANDATORY REQUIREMENTS. All requirements, submittals, or subsequent communications shall be considered mandatory.

23. EXAMINATION OF CONTRACT DOCUMENTS.

23.1. Bidder shall scrutinize the entire site of work, including but not restricted to any corresponding or associated conditions and encumbrances related, the plans and specifications, bid documents, and contract forms therefore. The submission of a bid shall be conclusive evidence that Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished, and as to the requirements of the proposal, plans, specifications, and other contract documents.

23.2. Bidders must satisfy themselves by examining the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No Bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the City as instructed and with the date and time given for Bidders’ questions in the most current CITY OF SANTA NOTICE INVITING BIDS or as updated in any addenda.

24. PROTEST PROCEDURES. Any person or entity may present a formal protest to the City concerning solicitations being conducted by staff.

24.1.1. Definitions

“Bidder” means any person or firm providing a timely, written response to the City solicitation.

“Bid Protest” means any protest with regard to the response submitted by another Bidder.

“Response” means the written response to the City solicitation provided by a person or firm.

“Solicitation Protest” means a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents, determinations or actions taken or contemplated by the City with respect to a solicitation.

“Solicitation” means the document by which the City identifies goods, equipment, services or public construction projects for which it seeks a response.

24.1.2. Format- The protest must be in writing and include the following information at a minimum:

24.1.2.1. The name, address and phone number of the protester, or the authorized representative of the protester;

24.1.2.2. The signature of the protester or authorized representative of the protester;

24.1.2.3. The solicitation number and title under which the protest is submitted;

24.1.2.4. A detailed description of the legal or factual grounds for the protest and all supporting documentation. For protests containing elements not based on publicly released information the protest must have documentation clearly showing the date on which the protester received the information; and

24.1.2.5. The form of relief requested.

24.1.3. Solicitation Protests- Protests of any kind regarding the solicitation including, but not limited to, specifications, scope of work or process, must be received by the City’s Purchasing Agent not more than five calendar days after the last day for questions or the last addendum is issued, whichever is later. The decision by the Purchasing Agent on any solicitation protest shall be final.

24.1.4. Bid Protest and Review

24.1.4.1. The protest, in the Format specified above, must be submitted to the City Manager by email or by personal delivery or overnight mail (to City Hall, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is received by the City no later than seven calendar days after the bid closing.

24.1.4.2. A copy of the protest must be served upon the Bidder subject to the protest in the same manner by which the protest was submitted to the City Manager.

Failure to serve the protest upon the Bidder subject to the protest is grounds upon which the City may deny the protest.

24.1.4.3. A Bidder whose bid has been protested by another bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail (to City Hall, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is received by the City no later than seven calendar days after the protesting Bidder has served the protest.

24.1.4.4. The City Manager or designee shall have up to ten calendar days to decide whether to approve or reject the protest. The written decision of the City Manager or designee on the protest shall be served upon the protesting Bidder and any Bidder subject to the protest within 14 calendar days of receipt of the bid protest. The City Manager or designee may extend the 10 calendar days if necessary to review additional information requested from any Bidder.

24.1.4.5. The decision of the City Manager or designee on the bid protest shall be final with no further review.

24.1.5. State or Federal Funding

24.1.5.1. If the subject matter of the solicitation or project is receiving any State or Federal funds which requires a protest procedure different than the procedures stated above, then that protest procedure shall control.

24.1.5.2. In the event there is any lawsuit filed against the City relating to any federally funded project, the City will provide prompt notice of that lawsuit to all agencies who participated in the funding of the project.

24.1.6. Mandatory Procedure- This administrative procedure and the time limits set forth herein are mandatory. Failure to comply with these mandatory procedures shall constitute a waiver of any right to pursue the bid protest, including filing a Government Code claim or any legal proceedings or actions.

The City of Santa Clarita’s “Terms and Conditions” is found on a separate attachment in BidNet.

BID CLAUSES

1. BID RIGGING. The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, Bidder collusion, and other fraudulent activities.

The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

2. DISQUALIFICATION OF BIDDERS. In the event that any Bidder acting as a prime contractor has an interest in more than one bid, all such bids will be rejected, and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder and, while doing so, may also submit a formal bid as a prime contractor. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Labor Code Section 1771.1(a) requires contractors and their subcontractors to possess and maintain such registration with DIR in order to be awarded and to perform on public works projects (regardless of funding source). Any Bidder which has been debarred by any PUBLIC City in the last ten (10) years is deemed not to be a qualified Bidder for the purposes of this project.

The City may conduct investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the Bidder to do the work in accordance with the Contract Documents to the City’s satisfaction within the prescribed time. To determine the degree of responsibility to be credited to the Bidder, the City will weigh any evidence including but not limited to evidence of suspension, debarment, exclusion, or determination of ineligibility by any other City. Any Bidder which is currently debarred by any public agency is deemed not to be a qualified Bidder for the purposes of this project.

If in the opinion of the City, a Bidder is determined to be insufficiently qualified, then that bid will not be considered for award of the contract.

3. DEBARMENT AND SUSPENSION. Certification Regarding Debarment, Suspension, and Other Responsibility Matters- Lower Tier Covered Transactions. Instructions for Certification:

3.1.1. By signing and submitting this bid, the prospective lower tier participant is providing the signed certification set out below.

3.1.2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City may pursue available remedies, including suspension and/or debarment.

3.1.3. The prospective lower tier participant shall provide immediate written notice to the City if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3.1.4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “persons,” “lower tier covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact the City of Santa Clarita for assistance in obtaining a copy of those regulations.

3.1.5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City.

3.1.6. The prospective lower tier participant further agrees by submitting this bid that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction”, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

3.1.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List issued by U.S. General Service Administration.

3.1.8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

3.1.9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal government, the City may pursue available remedies including suspension and/or debarment.

3.2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction

3.2.1. The prospective lower tier participant certifies, by submission of this bid, that neither it nor its “principals” as defined at 49 C.F.R suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

3.2.2. When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this bid.

4. LEGAL RESPONSIBILITIES. Proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature, whether the same are expressly referred to herein or not. Bidders submitting a proposal shall, by such action thereby, agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the plans, specifications, and other contract documents, and to full compliance therewith.

5. UNFAIR BUSINESS PRACTICES CLAIMS: ASSIGNMENT TO AWARDING BODY. Pursuant to Section 7103 of the Public Contracts Code, the contract to be awarded will be defined as a “public works contract.”

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Bidder or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act (Chapter 2 commencing with B-12 Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Bidder, without further acknowledgment by the parties.

6. CHANGED CONDITIONS.

6.1. Differing Site Conditions

6.1.1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

6.1.2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly.

SSPWC (Standard Specifications for Public Works Construction) of the contract is warranted.

6.1.3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

6.1.4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.)

6.2. Suspensions of Work Ordered by the Engineer

6.2.1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

6.2.2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

6.2.3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

6.2.4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

6.3. Significant Changes in the Character of Work

6.3.1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

6.3.2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

6.3.3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

6.3.4. The term “significant change” shall be construed to apply only to the following circumstances:

6.3.4.1. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or

6.3.4.2. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity.

Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7. QUALITY ASSURANCE. The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. You may examine the records and reports of tests the Agency performs if they are available at the job site. Schedule work to allow time for QAP.

8. TAXES. All bid pricing submitted shall be deemed to include any applicable taxes, fees, duties, and charges. The City will assume that all such costs have been incorporated into the bid pricing.

9. NONDISCRIMINATION. In the performance of this Contract, Bidder shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order.

The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Bidder shall likewise require each subcontractor to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate.

10. SPECIAL PROVISIONS. Failure of the Bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid closing, including but not limited to escrowed bid documents, where applicable, may subject the Bidder to a determination of the Bidder's responsibility in the event it is the apparent low Bidder on future public works contracts.

SECTION C

Bid Submittals

PROPOSAL FORM

TO THE CITY OF SANTA CLARITA, AS CITY:

In accordance with CITY'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 CITY 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 CITY 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 CITY 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 price(s) bid include all appurtenant expenses, taxes, royalties, and fees for the project’s duration. In 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 CITY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the CITY and this bid and the acceptance hereof may, at the CITY's option, be considered null and void.

Company Name: _______________________________________

Company Address: _______________________________________

Phone: _______________________________________

Email: ______________________________________

By: _______________________________________ Print Name

Title: _______________________________________

Signature: _______________________________________

Date: _______________________________________

NOTICE TO BIDDERS REGARDING CONTRACTUAL REQUIREMENTS

SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS

1. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City’s Purchasing Agent.

The City reserves the sole right to accept or reject any requests for modifications to these terms.

2. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of Insurance shall be available to Buyer and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required.

The Insurance obligations under this agreement shall be: 1—all the Insurance coverage and limits carried by or available to the Contractor; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City.

3. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City reserves the right to require full-certified copies of all

Insurance coverage and endorsements.

I. INDEMNIFICATION:

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.

II. INSURANCE

CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but not limited to, the following and as otherwise required by law. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the CITY. In the event the said insurance is canceled, the CONTRACTOR shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established.

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.