Cities Index.
McBean Regional Transit Network Lighting Control System Invitation for Bids (available in the City Clerk's Reading File)

Santa Clarita City Council
March 10, 2026

Document
McBean Regional Transit Network Lighting Control System Invitation for Bids (available in the City Clerk's Reading File)
Meeting
March 10, 2026
Body
Santa Clarita City Council
Original file
120.1 MB
Text extracted from the city's file for reading and search. Open the original on santaclaritacityca.iqm2.com. That file is the official record.

NOTICE INVITING BIDS
McBean Regional Transit
Center Lighting Control
System REBID
Bid # TRT-25-26-05REBID

TABLE OF CONTENTS
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California

SECTION A

NOTICE INVITING BIDS

DOCUMENT CHECKLIST

SECTION B

BID INSTRUCTIONS

BID CLAUSES

SCOPE OF WORK

SECTION C

PROPOSAL FORM

NOTICE TO BIDDERS REGARDING CONTRACTUAL REQUIREMENTS
BIDDER’S INFORMATION AND CERTIFICATION
BIDDER’S QUESTIONNAIRE

CERTIFICATION OF NON-SEGREGATED FACILITIES

DESIGNATION OF SUBCONTRACTORS

REFERENCES

EQUAL OPPORTUNITY EMPLOYMENT CERTIFICATION

NON-COLLUSION AFFIDAVIT
BIDDER’S BOND/PROPOSAL GUARANTEE BOND

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

CERTIFICATIONS AND RESTRICTIONS ON LOBBYING

BUY AMERICA CERTIFICATIONS

SECTION D

SUBCONTRACTOR & DBE CLAUSES

DBE PARTICIPATION & COMMITMENT FORM

BIDDERS LIST

LETTER OF INTENT & AFFIRMATION

GOOD FAITH EFFORTS

SECTION E

CAPITAL IMPROVEMENT PROJECT AGREEMENT

FEDERAL CONTRACT PROVISIONS (IFR)

FEDERAL REQUIREMENTS (FEDERAL TRANSIT ADMINISTRATION)

FEDERAL PREVAILING WAGE DETERMINATIONS

DBE CLAUSES

LABOR AND MATERIAL BOND

FAITHFUL PERFORMANCE BOND

FRINGE BENEFIT STATEMENT

SECTION F

PROJECT REQUIREMENTS AND SPECIFICATIONS

SECTION G
MCBEAN REGIONAL TRANSIT CENTER – ELECTRICAL PLANS
MCBEAN REGIONAL TRANSIT CENTER – PROJECT CONSTRUCTION PLANS - PARK AND RIDE

EXHIBIT A
ATTACHMENT A – CURRENT LIGHTING SYSTEM

ATTACHMENT B - MCBEAN REGIONAL TRANSIT CENTER NETWORK LIGHTING LOCATIONS

ATTACHMENT C - C&DMMP FORM

SECTION A
Solicitation Information

CITY OF SANTA CLARITA NOTICE INVITING BIDS
Project Name: McBean Regional Transit Center Lighting Control System REBID BID #: TRT-25-26-05REBID
Dates Published: January 13, 2026 & January 20, 2026
Pre-Bid Meeting: January 22, 2026 at 9:00 AM (PT)
Last Day for Questions: January 27, 2026 before 11:00 AM (PT) Bid Closing: January 30, 2026 before 11:00 AM (PT)
Engineer’s Estimate: $413,820
License(s) Required: C-10
Project Description: This project is federally funded. The City is seeking qualified contractors to upgrade the existing lighting control and dimming systems. Lighting areas include two platforms, a park and ride parking lot, and monument signs at entrances.

DBE Goal: *No goal. (Please see Federal Contract Provisions in Section E for Interim Final Rule (IFR) details)
Federal Prevailing Yes
Wage:

Bond Requirements: Yes
Contact Information: Michele Arima | (661) 286-4066 | [email protected] Federal 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.

DOCUMENT CHECKLIST
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
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
 Technical Specifications & System Description (see Section B. Scope of Work for details)  Technical Supporting Documentation (see Section B. Scope of Work for details)  Manufacturer’s Warranty (see Section B. Scope of Work for details)  Material Components List (see Section B. Scope of Work for details)  Service and Support Information (see Section B. Scope of Work for details)  Notice to Bidders Regarding Contractual Requirements
 Bidder’s Information and Certification
 Bidder’s Questionnaire
 Certification of Non-Segregated Facilities
 Designation of Subcontractors
 References
 Equal Employment Opportunity Certification
 Non-Collusion Affidavit
 Government-Wide Debarment and Suspension (Nonprocurement)  Certifications and Restrictions on Lobbying
 Buy America Certification
 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 at time of bid or no later than 48 hours after bid closing:
 EEO Certs of subcontractors over $10,000
The following documents must be provided by the AWARDEE ONLY (With Agreement) Delivered to City Hall, Attn: Grace Ferguson
 Capital Improvement Project Agreement
 Federal Requirements (Federal Transit Administration)  DBE Clauses
 Faithful Performance Bond (Notarized)
 Labor & Material Bond (Notarized)
 Insurance Required by Contract
 W9
 Fringe Benefit Statement

SECTION B
Bid Instructions, Bid Clauses & Scope of Work

BID INSTRUCTIONS
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California

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, (uploaded via BidNet):
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 9:00 AM (PT) on January 22, 2025, at McBean Regional Transit Center, 24375 Valencia Boulevard, Santa Clarita, CA 91355.

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 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 [email protected] 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. COOPERATIVE BIDDING. Other public agencies may be extended the opportunity to purchase off this solicitation with the agreement of the successful vendor(s) and the City. The lack of exception to this clause in vendor's response will be considered agreement. However, the City is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy-back" procurements.

11. 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.

12. 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.

13. BID VALIDITY. All bids, including all pricing, shall be effective/valid for a minimum period of 120 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.

14. 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.

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.

15. 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

16. 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.

17. 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.

18. 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.

19. REQUIRED CONTRACTOR AND SUBCONTRACTOR REGISTRATION.

19.1. 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.

19.2. 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.

19.3. 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.

20. FEDERAL PREVAILING WAGE. This is a federally funded project and the Davis Bacon Act will be enforced. The current General Decision of wage determinations issued by the United States Department of Labor is set forth at the following website address: https://beta.sam.gov/. If there is a difference between the prevailing wage rate determined by the Department of Labor and the prevailing wage rate predetermined by the Director of Industrial Relations for similar classifications of labor, the Contractor and its Subcontractors shall pay not less than the higher prevailing wage rate.

The Agency will not accept lower State prevailing wage rates not specifically included in the Federal prevailing wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal prevailing wage determinations.

Where Federal prevailing wage determinations do not contain the State prevailing wage rate determination otherwise available for use by the Contractor and Subcontractors, the Contractor and Subcontractors shall pay not less than the Federal prevailing wage rate which most closely approximates the duties of the employee(s) in question. The prevailing wage rate for any classification not listed by the Department of Labor or the Director of Industrial Relations, but which may be required to execute the Contract, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the Agency's determinations.

21. 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.

22. 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.

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

24. EXAMINATION OF CONTRACT DOCUMENTS.

24.1. 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.

24.2. 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.

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

25.1.1. 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.

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

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

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

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

25.1.2.4. 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

25.1.2.5. The form of relief requested.

25.1.3. 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.

25.1.4. Bid Protest and Review

25.1.4.1. 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.

25.1.4.2. 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.

25.1.4.3. 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.

25.1.4.4. 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.

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

25.1.5. State or Federal Funding

25.1.5.1. 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.

25.1.5.2. 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.

25.1.6. 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
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California

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 Nonprocurement 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. BUY AMERICA

7.1.1.Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except:

7.1.1.1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

7.1.1.2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used.

7.1.2.Production includes:

7.1.2.1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;

7.1.2.2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.}

8. 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.

9. TAXES. No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

10. 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.

11. 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.

12. DBE. Per the Interim Final Rule published by the Department of Transportation (DOT) on October 3, 2025 (Federal Register Number 47969), DBE participation goals are not applicable to this solicitation. Any forms or references to DBE requirements contained in this document do not apply to this bid and may be disregarded for purposes of evaluation and award.

Each Federally assisted contract signed by the City will include the following:

The City shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements 49 CFR part 26. The City shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The City's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance:

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. 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, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.

SCOPE OF WORK
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California

BACKGROUND
This project is federally funded. The McBean Regional Transit Center (MRTC) Park and Ride was originally constructed in 2013. The lighting control system installed at the time is now obsolete and the company that designed it has merged with a competitor that no longer supports the software. The City of Santa Clarita is seeking qualified contractors to upgrade the existing lighting control and dimming systems. Lighting areas include two platforms, a park and ride parking lot, and monument signs at entrances. This project does not replace existing light fixtures, poles, etc. at the MRTC, but rather the system that controls these devices. All existing fixtures are functioning and need to remain in place so they can be controlled remotely.

SUMMARY
The work covered in this section is subject to all of the requirements in the Project Requirements and Specifications provided in Section F. Contractor shall coordinate all of this work with other trades to provide a complete and operable system. The Contractor shall furnish all labor, materials, equipment, transportation, and services necessary to complete delivery, installation, and commissioning of the system.

OBJECTIVE
The objective of this request is to obtain a detailed bid from qualified contractors to upgrade and install the existing lighting control system. The upgraded system should enhance functionality, efficiency, and integration with existing lighting fixtures and devices while meeting all applicable codes and standards.

DESCRIPTION OF WORK
A. Furnish and install a complete system for control of lighting and other existing equipment as indicated on the plans. Contractor shall verify quantity, installation locations and wiring requirements for this project.

B. The system shall include but not be limited to the following list:
a. Pre-wired, microprocessor-controlled relay and dimming controls controlled via communication-based accessories such as digital switches, motion detectors, acoustic signature detection devices, traffic flow meters, remote management commands, digital light meters, schedules, and manual override.
b. The system must be remotely accessible through a web browser on a PC, cell phone or other internet capable device that is not physically associated with the site being controlled.
c. The system shall be capable of monitoring power usage and tracking energy consumption over time.
d. The system shall track statistical information on each of the elements it is controlling (e.g., bulb lifetime hours, light manufacturer, etc.), generate alerts (email, SMS, or other_ within 24 hours).
e. The system shall detect alarms based on overage/underage of current, voltage, or power expectations.
f. The system shall track light locations via GPS coordinates for exterior applications and via DWG file for interior applications. g. For site lighting, existing conduit shall be used where feasible. h. The type of lighting control equipment and wiring specified in this section shall be referred to as a remotely accessible adaptive lighting control system.

SUBMITTALS - Bids submitted without the required technical specifications and supporting documentation shall be deemed non-responsive and may be rejected. Please see Document Checklist in Section A for all required bid documents and details below:

A. TECHNICAL SPECIFICATIONS & SYSTEM DESCRIPTION
o Complete and detailed technical specifications for the proposed lighting control system. o System configuration, components, control functionality, communication protocols, and integration capabilities.
o Technical compliance statement confirming adherence to bid requirements.

B. TECHNICAL SUPPORTING DOCUMENTATION
o Manufacturer datasheets for all major components.
o System architecture / network diagrams.

C. MANUFACTURER’S WARRANTY
o Provide five (5) year parts warranty on all hardware.

D. MATERIAL COMPONENTS LIST
o Detailed bill of materials including descriptions of all system components.

E. SERVICE AND SUPPORT INFORMATION
o Description of all services and support included.
o Associated costs (included in base bid price).

SYSTEM DESCRIPTION- Remotely accessible adaptive lighting control system A. The system shall include the following:
a. Lighting control system shall include all hardware and software. Software shall be resident within the lighting control system.
b. System shall provide both local (Site Manager) and remote (web-based) access to all programming functions. Lighting control system shall be remotely controlled via the internet or building-wide Ethernet LAN. c. System software shall provide realtime status of each end point, each zone and each group.
d. Lighting control system shall support monitoring and command input from a remote PC. System programming shall operate independently of a connect PC/server. Systems that require an always-online PC/server are not acceptable.
e. All devices shall be pre-addressed at the factory.
f. City shall specify desired lighting behavior (schedule, response to sensors) before installation.
g. All programs, schedules, time of day, etc., shall be held in non-volatile memory for at least 10 years in the event of power failure. At restoration of power, lighting control system shall implement programs required by current time and date. Time of day shall be communicated to the network on a regular basis or secured with a battery backup.
h. As a failsafe, lights must come on when power is restored. Manual contactor override shall be provided and bypassed during normal operation.
i. The system shall be capable of implementing On, Off, Dim (0-100% in 10% increments) commands, Off commands, dimming commands, group or zone by means of digital wall switches, contact closure switches, time clock schedules including offsets from dusk and dawn, light meter, photocell, pc software or other devices connected to programmable inputs in a lighting control panel.
j. System shall allow control of each relay and each relay group in compliance with this specification. All programming and scheduling shall be able to be done locally at the Site manager and remotely via the Internet. Remote connection to the lighting control system shall provide real time control and real time feedback.
k. The lighting control system shall allow manual override at all times.

FIELD QUALITY CONTROL
A. Perform the following field tests and inspections and prepare test reports:

1. After installing the lighting control system, and after electrical circuitry has been energized, adjust and test for compliance with requirements.

2. Optional Test: Verify operation of each lighting control device, including verification of time delays.

B. Remove and replace lighting control devices where test results indicate that they do not comply with specified requirements. Retest for compliance after replacement.

DEMONSTRATION
A. Coordinate demonstration of products specified in this section with demonstration requirements for low-voltage, programmable lighting control system.

B. Engage a factory-authorized service representative to train City’s maintenance personnel to adjust, operate, and maintain lighting control devices.

REGULATORY REQUIREMENTS
Title 24 Compliance is not a requirement.

LICENSING AND SUPPORT
Provide ten (10) years of software licensing and support, included in the base bid price.

LIQUIDATED DAMAGES
The City shall assess $200 per day for each day the project completion date is not met. City Project Manager and Contractor’s Project Manager may adjust liquidated damages terms upon mutual agreement once project timeline is finalized.

ATTACHMENTS
Section G: McBean Regional Transit Center – Electrical Plans McBean Regional Transit Center – Project Construction Plans - Park and Ride Exhibit A: Attachment A – Current Lighting System
Attachment B – McBean Regional Transit Center Network Lighting Locations Attachment C – C&DMMP Form

SECTION C
Bid Submittals

PROPOSAL FORM
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
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
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California

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. 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:

Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractors’ Liability (if applicable), in an amount of not less than two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000.00) annual aggregate, written on an occurrence form.

Products/Completed Operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the CONTRACTOR for covered claims arising out of the actions of independent contractors. If the CONTRACTOR is using subcontractors, the policy must include work performed “by or on behalf” of the CONTRACTOR. Policy shall contain no language that would invalidate or remove the CONTRACTOR’S duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the CONTRACTOR.

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, insure 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 for each accident. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against the CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Separation of Insureds
A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause
CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all Agreements with consultants, subcontractors, and others engaged in the project will be submitted to the CITY for review.

Self-Insured Retentions
Any self-insured retentions must be declared to and approved by the CITY. The CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the CITY.

Primary and Additional Insured
All of such insurance shall be primary 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 Purchasing Agent shall be submitted to the CITY prior to execution of this Agreement on behalf of the CITY.

Requirements
Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain coverage at CONTRACTOR’S expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this Agreement, CITY may cancel the Agreement immediately with no penalty.

Should CONTRACTOR’S insurance required by this Agreement be canceled at any point prior to expiration of the policy, CONTRACTOR must notify CITY within 24 hours of receipt of notice of cancelation.

Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancelation. CONTRACTOR must ensure that there is no lapse in coverage.

If the operation under this Agreement results in an increased or decreased risk in the opinion of the City’s Purchasing Agent, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City’s Purchasing Agent.

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.

I have read and understand the above requirements and agree to be bound by them for any work performed for the City.

Authorized Signature: ______________________________ Date: ___________________ Printed Name: ____________________________________

BIDDER'S INFORMATION AND CERTIFICATION
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, CA
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 CITY, 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.

CERTIFICATION REGARDING DIR CONTRACTOR/SUBCONTRACTOR REGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all Subcontractors listed on the Subcontractor Designations form are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. Contractor’s registration number is indicated below. Subcontractors’ registration numbers are indicated on the Subcontractor Designations form.

Bidder's Name: __________________________________________________________________________ Business Address: _______________________________________________________________________ Telephone No.: _________________________________________________________________________ State CONTRACTOR's License No. & Class: ____________________________________________________ DIR No.: _______________________________________________________________________________ Original Date: _________________________________ Expiration Date: ____________________________ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 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:
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ All current and prior DBAs, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all aforementioned principals this _________ day of _____ 20___.

BIDDER: _________________________________________________________ Signature
_________________________________________________________ Name and Title of Signatory
_________________________________________________________ Legal Name of Bidder
_________________________________________________________ Address
_______________________ ___________________
Telephone Number Federal Tax I.D. No.

BIDDER’S QUESTIONNAIRE
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California

1. Submitted by: ___________________________ Telephone: ____________________________________________ Principal Office Address: ___________________________________________________________________________

2. Type of Firm:
 C Corporation
 S Corporation
 Individual/Sole Proprietor or Single –Member LLC
 Partnership
 Limited Liability Company “C” C-Corp
 Limited Liability Company “S” S-Corp
 Limited Liability Company “P” Partnership
 Other ________________________________________________________________________________ 3a. If a corporation, answer these questions:

Date of Incorporation: _______________State of Incorporation:____________________________________________ President’s Name: _________________________________________________________________________________ Vice-President’s Name: _____________________________________________________________________________ Secretary or Clerk’s Name: __________________________________________________________________________ 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: ___________________________________________________ _____________________________ ______________________________ _______________________________ _____________________________ ______________________________ _______________________________ _____________________________ ______________________________ _______________________________ Designate which are General or Managing Partners.

BIDDER’S QUESTIONNAIRE (cont’d)
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City Project No. __________
City of Santa Clarita, California

4. Name of person holding CONTRACTOR’s license: ___________________________________________________ License number: __________ Class: __________Expiration Date: _____________________________________ D.I.R. Registration # _______________

5. CONTRACTOR’s Representative: _________________________________________________________________ Title: _______________________________________________________________________________________ Alternate: ___________________________________________________________________________________ Title: _______________________________________________________________________________________

6. List the major construction projects your organization has in progress as of this date:

A.

Owner: _____________________________________________________________________________________ Project Location: _____________________________________________________________________________ Type of Project: ______________________________________________________________________________ B.

Owner: _____________________________________________________________________________________ Project Location: _____________________________________________________________________________ Type of Project: ______________________________________________________________________________ C.

Owner: _____________________________________________________________________________________ Project Location: _____________________________________________________________________________ Type of Project: ___________________________________________________________________________

CERTIFICATION OF NON-SEGREGATED FACILITIES
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
The BIDDER certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The BIDDER certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The BIDDER 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 BIDDER agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it 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 it will retain such certifications in its files.

BIDDER
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).

DESIGNATION OF SUBCONTRACTORS
Bid # TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID 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 or labor or render service in excess of ½ of 1 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 sub-contractor is participating as a DBE. If no Subcontractors will be used fill out the form with NA. Add addt. sheets if needed.

Subcontractor DIR Registration No.* Dollar Value of Work Age of firm: DBE: Yes No
Certifying Agency:

Annual Gross Receipts:

Location and Place of Business
Bid Schedule Item No’s: Description of Work
License No. Exp. Date: / / Phone ( )
Subcontractor DIR Registration No.* Dollar Value of Work Age of firm: DBE: Yes No
Certifying Agency:

Annual Gross Receipts:

Location and Place of Business
Bid Schedule Item No’s: Description of Work
License No. Exp. Date: / / Phone ( )
Subcontractor DIR Registration No.* Dollar Value of Work Age of firm: DBE: Yes No
Certifying Agency:

Annual Gross Receipts:

Location and Place of Business
Bid Schedule Item No’s: Description of Work
License No. Exp. Date: / / Phone ( )
NOTE: A BIDDER 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 of the Labor Code. It is not a violation of this section for an unregistered BIDDER 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 BIDDER is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. *Pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

REFERENCES
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
The following are the names, addresses, and telephone numbers of three public agencies for which bidder has performed and completed work of a similar scope and size within the past 3 years. If the scope of work/specifications requests references different than instructions above, the scope of work/specifications shall govern:

1. __________________________________________________________________________________ Name and Address of Owner / Agency
__________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________ Contract Amount Type of Work Date Completed

2. __________________________________________________________________________________ Name and Address of Owner / Agency
___________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________ Contract Amount Type of Work Date Completed

3. __________________________________________________________________________________ Name and Address of Owner / Agency
__________________________________________________________________________________ Name and Telephone Number of Person Familiar with Project __________________________________________________________________________________ Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom bidder intends to procure insurance bonds: __________________________________________________ ______________________________________________________________________________________

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
This bidder _____________________, proposed subcontractor ____________________, hereby certifies that it 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 it 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.

Company: _______________________________________
By: _______________________________________
Title: _______________________________________
Date: _______________________________________
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/BIDDER 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 BIDDER 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.

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
To the CITY OF SANTA CLARITA:

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, the Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE “BIDDER’S CERTIFICATION” SHALL

ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORM A PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION.

NON-COLLUSION AFFIDAVIT
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California

TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
__________________________________________ being first duly sworn deposes and says that he/she is the _______________________________________ (sole owner, a partner, president, etc.) of __________________________________________________ the party making the foregoing bid; that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, or that anyone shall refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreements, communication or conference with anyone to fix the bid price of said BIDDER or of any other BIDDER, or to fix the overhead, profit, or cost element of such bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true, and further, that said BIDDER has not, directly or indirectly, submitted its 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 CITY 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 CITY 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: _________________________________________________ Signature
Title _________________________________________________ BIDDER’S BOND
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
Proposals must be accompanied by a proposal guarantee consisting of a certified check, cashier's check or BIDDER's bid bond payable to the CITY or cash deposit in the amount not less than ten (10) percent of the total amount bid. Certified check, cashier’s check or Bidder’s bid bond must be received at City Hall, 23920 Valencia Blvd., Santa Clarita, CA 91355, Attn: Purchasing, Suite 120, and marked with the words “BID BOND FOR” and the bid #, no later than the bid closing date and time, for the BIDDER to be considered responsive.

NOTE: The following form shall be used in case check accompanies bid.

Accompanying this Proposal is a *certified/cashier's check payable to the order of the City of Santa Clarita for: ____________________________________________ dollars ($__________), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of said CITY provided this Proposal shall be accepted by said CITY through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned.

Project Name: McBean Regional Transit Center Lighting Control System REBID Bid No. TRT-25-26-05REBID

________________________________________________________ Bidder’s Signature
________________________________________________________

CONTRACTOR/BIDDER
________________________________________________________ Address
________________________________________________________ City, State, Zip Code
* Delete the inapplicable work.

NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed.

The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.

PROPOSAL GUARANTEE BID BOND
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
KNOW ALL PERSONS BY THESE PRESENTS that _____________________________________, as BIDDER, and _______________________________________________as SURETY, are held and firmly bound unto the City of Santa Clarita, as CITY, in the penal sum of___________ dollars ($____________), which is ten percent (10%) of the total amount bid by BIDDER to CITY 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 CITY 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 CITY.

IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this ______________________ Day of _________________________, 20___.

CONTRACTOR: __
Name and Title of Signatory Signature

_________________________________ ________________ ________ Legal Name of Bidder
_______________________________ __________ ________________ Bidder Address
_________ _____________ __________ ___________
Telephone Number Federal Tax I.D. No.

SURETY*: ______________________________________ ___________________ Name

_____________________________ ____________________________ Phone Number and Email
_______________________________________ __________________ Address
*Provide BIDDER and SURETY name, phone number, email, and the name, title, address, and phone 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.

Surety signatures must be notarized prior to submittal.

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCURMENT) Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. (1) It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR part 180, (2) To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:
a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:

1. Debarred,

2. Suspended,

3. Proposed for debarment,

4. Declared ineligible,

5. Voluntarily excluded, or

6. Disqualified,
b. Its management has not within a three­year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for:

1. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction,

2. Violation of any Federal or State antitrust statute,or,

3. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property, c. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenseslisted in the preceding subsection 2.b of this Certification,
d. It has not had one or more public transactions(Federal, State, or local) terminated for cause or default within a three­year period preceding this Certification, e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide that information to FTA, f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:

1. Equals or exceeds $25,000,

2. Is for audit services, or,

3. Requires the consent of a Federal official,and
g. It will require that each covered lower tier contractor andsubcontractor:

1. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and

2. Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be:
a. Debarred from participation in its federally fundedProject, b. Suspended from participation in its federally fundedProject, c. Proposed for debarment from participation in its federally fundedProject, d. Declared ineligible to participate in its federally fundedProject, e. Voluntarily excluded from participation in its federally funded Project,or f. Disqualified from participation in its federally funded Project,and (3) It will provide a written explanation as indicated on a page attached in FTA’s TrAMS platform or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its Third­Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group.

Certification
Contractor:

Signature of Authorized Official: Date:______________
Name and Title of Contractor’s Authorized Official: :

CERTIFICATIONS AND RESTRICTIONS ON LOBBYING
Federal Certifications
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
I,__________________________________________________, hereby certify on behalf of (Name and title of official)
_____________________________________________________that:
(Name of Bidder/Company Name)
• No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congressin connectionwith the awarding of any federal contract,themakingof any federal grant, themaking of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
• If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award documents for all sub­awards at all tiers (including sub­contracts, sub­grants and contracts under grants, loans, and cooperative agreements) and that allsub­recipientsshall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who failsto file the required certification shall be subjectto a civil penalty of notlessthan $10,000 and not more than $100,000 for each such failure.

The undersigned certifies or affirmsthe truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801, et seq., are applicable thereto.

Name ofBidder/CompanyName:

Type for print name:

Signature of authorized representative:

Date:

Signature of notary and SEAL:

BUY AMERICA CERTIFICATION
(STEEL OR MANUFACTURED PRODUCTS)
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
General Requirement (as stated in 49 U.S.C. 5323(j) and 2 CFR Part 184) a. Except as provided in 49 CFR 661.7 and 49 CFR 661.11, no funds may be obligated by FTA for a grantee project unless all iron,steel, manufactured products and construction materials used in the project are produced in the United States. b. Allsteel and iron manufacturing processes musttake place in the United States, except metallurgical processes involving refinement ofsteel additives. c. The steel and iron requirements apply to all construction materials made primarily of steel oriron and used in infrastructure projectssuch as, transit ormaintenance facilities, rail lines, and bridges. These itemsinclude, but are notlimited to,structuralsteel oriron, steel or iron beams and columns, running rail and contact rail. These requirements do not apply to steel oriron used as components orsubcomponents ofother manufactured products or rolling stock, or to bimetallic power rail incorporating steel or iron components.
d. For a manufactured product to be considered produced in the United States:

1. All of the manufacturing processesfor the product must take place in the United States; and

2. All of the components of the product must be of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of itssubcomponents.
e. For construction materials to be considered produced in the United States:

1. All of the manufacturing processesfor the product must take place in the United States; and

2. All of the components of the product must be of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of itssubcomponents.

If steel, iron, manufactured products or construction materials (as defined in 49 CFR 661.3 and 661.5 and 2 CFR Part 184) are being procured, the appropriate certificate as set forth below shall be completed and submitted by each bidder or offeror in accordance with the requirement contained in 49 CFR 661.13(b).

CERTIFICATES ON THE NEXT PAGE
Bidder to complete the Buy America and Build America, Buy America certificate below. Bidder shall certify EITHER COMPLIANCE OR NON-COMPLIANCE (not both).

Certificate of Compliance with Buy America and Build America, Buy America Requirements The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part 661 and 2 CFR Part 184.

Company:___________________________________________________________________ Name: Title:______________________________________
Signature: Date:______________________________________
Certificate of Non­Compliance with Buy America and Build America, Buy America Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 C.F.R. 661.7.

Company:___________________________________________________________________ Name: Title:______________________________________
Signature: Date:______________________________________

SECTION D
Subcontractor Information and DBE Clauses

SUBCONTRACTORS & DBE CLAUSES
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California

1. SUBCONTRACTORS. The BIDDER performs not less than 50 percent of the original contract work with the bidder’s own organization.

2. LIST OF SUBCONTRACTORS. No more than 50% of the work, as defined by the contract price, may be done by subcontractors. Copies of subcontracts will be provided to the City Engineer upon his request.

2.1. Each BIDDER must submit with his bid the following:

2.1.1.The Full name of each subcontracting firm as required by Government Code, Sec. 4201, typed or legibly printed.

2.1.2.The address of each firm.

2.1.3.The telephone number at the place of business.

2.1.4.Work to be performed by each subcontracting firm.

2.1.5.Total approximate dollar amount of each subcontract.

2.2. Submit the "Designation of Subcontractors" form enclosed herewith. No Contract shall be considered unless such list is submitted as required.

3. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. A prime contractor or subcontractor shall pay to any subcontractor, not later than 30 days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this section shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this section shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal.

4. CALIFORNIA DEBARRED CONTRACTORS AND SUBCONTRACTORS. Sections 1720 et seq. of the Labor Code and Section 6109 of the Public Contract Code apply to the Contract, and each potential bidder and Subcontractor is responsible to be in full compliance with those laws. lf a potential bidder or subcontractor has been found by the California Labor Commissioner to be in violation of Section 1720 et seq. of the Labor Code, in accordance with Section 1777.1of the Labor Code, the potential bidder shall be ineligible to bid or be awarded a contract or to perform work on any City public works project. ln accordance with Section 6109 of the Public Contract Code any subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work on any City public works project. Pursuant to Section 6109(b) of the Public Contract Code, any contract on a City public works project entered into between a bidder and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any City money for performing work as a subcontractor on a City public works contract, and any City money that may have been paid to a debarred subcontractor by a bidder on the project shall be returned to the City. The bidder shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the City project.

5. PERFORMANCE OF SUBCONTRACTORS.

5.1. The subcontractors listed by the Contractor in conformance with Section 3-3, "Subcontracts" of the (SSPWC), shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources.

5.2. The subcontractors listed by you in the Contract Documents shall list therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of the Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.

6. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION. Per the Interim Final Rule published by the Department of Transportation (DOT) on October 3, 2025 (Federal Register Number 47969), DBE participation goals are not applicable to this solicitation. Any forms or references to DBE requirements contained in this document do not apply to this bid and may be disregarded for purposes of evaluation and award.

At the time of contract execution, Contractor committed to utilize Disadvantaged Business Enterprise(s) (“DBE”) in the performance of this DOT-assisted contract, and further agrees to ensure that any DBE subcontractors listed on the “DBE Participation Commitment Form,” will perform work and/or supply materials in accordance with original commitments, unless otherwise directed and/or approved by City prior to Contractor effectuating any changes to its race-conscious DBE participation commitment(s). Contractor shall comply with all the requirements set forth in the “DBE CONTRACT

PROVISIONS FOR DOT-ASSISTED CONTRACTS WITH DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOALS” which is attached to and, by this reference, incorporated in and made a part of this Agreement.

7. SMALL AND DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. Per the Interim Final Rule published by the Department of Transportation (DOT) on October 3, 2025 (Federal Register Number 47969), DBE participation goals are not applicable to this solicitation. Any forms or references to DBE requirements contained in this document do not apply to this bid and may be disregarded for purposes of evaluation and award.

The City of Santa Clarita (City) has adopted a Disadvantaged Business Enterprise (DBE) Program, in conformance with Title 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation (DOT) Financial Assistance Programs.” This DOT-assisted contract is subject to these stipulated regulations and the City’s DBE program, which are incorporated in their entirety by this reference.

In the event of any conflicts or inconsistencies between the Federal Regulations and the City’s DBE Program with respect to DOT-assisted contracts, the Federal Regulations must prevail.

7.1. DBE Goal. In conformance with the City’s DBE Policy and Program, the City has established a 5.72% DBE contract-specific goal on this project. Bidders/Offerors are required to demonstrate DBE responsiveness towards meeting the DBE contract-specific goal on this project to be eligible for award.

7.2. DBE Bid Submission Requirement To be responsive, bidders must complete and submit the forms listed below with their bids or as otherwise specified in the IFB instructions:
• “DBE Participation Commitment Form”
• “Bidders List”
• Letter of Intent & Affirmation

7.2.1. “DBE PARTICIPATION COMMITMENT FORM” – required at time of bid Bidders will be required to either meet or exceed the contract goal by submitting a completed "DBE Participation Commitment" Form,” or by demonstrating adequate good faith efforts were undertaken towards meeting the DBE goal. Failure to submit a completed and signed "Disadvantaged Business Enterprise (DBE) Participation Commitment Form” will deem the bidder non-responsive. Bidder must submit a completed "Disadvantaged Business Enterprise (DBE) Participation Commitment Form” even if zero DBEs are listed towards meeting the DBE contract goal.

7.2.2.“LETTER OF INTENT AND AFFIRMATION” – required at time of bid For each DBE proposed for this IFB, bidder must also submit a signed and dated “Letter of Intent and Affirmation”, from each DBE listed on the “DBE Participation Commitment Form,” acknowledging that the DBE is participating in the contract for the specified dollar value and scope of work listed on the “DBE Participation Commitment Form.” The dollar amount and scopes in the Letter of Intent and Affirmation, and the dollar amount and scope reflected on the “DBE Participation Commitment Form” must match identically.

7.2.3.“BIDDERS LIST” required at time of bid or no later than 48 hours after the City's bid due date
The City is required to create and maintain a “Bidders List” of firms bidding or quoting on the City’s DOT-assisted contracts, for use in the City’s Overall DBE goal-setting process. The bidder must submit a “Bidders List” which will include all firms, both DBE and nonDBE, that submitted proposals, quotes or bids to the bidder on this contract, whether or not they were actually selected for work.

7.2.4.“DBE GOOD FAITH EFFORT Form” required at time of bid or no later than 48 hours after the City's bid due date
The bidder must make good faith efforts to meet the DBE goal. Bidder can meet this requirement by actually meeting the DBE goal by documenting commitments for participation from DBE firms sufficient for this purpose. Alternatively, a bidder may submit a “Good Faith Effort Form”, demonstrating that it took all necessary and reasonable steps to achieve the DBE goal which, by their quantity, quality, and intensity, could reasonably be expected to obtain sufficient DBE participation, even if the bidder was not fully successful in obtaining the participation.

If a bidder submits a “DBE Participation Commitment Form” that does not list sufficient DBE participation to meet the established DBE contract goal, the bidder should submit the “DBE Good Faith Effort Form” and all applicable documentation at the time of bid or no later than 48 hours after the City's bid due date, to demonstrate that an adequate Good Faith Effort was made to meet the established DBE contract goal.

If a bidder has met the DBE goal based on the participation of DBEs listed on the bidder’s “DBE Participation Commitment Form”, submission of the “DBE Good Faith Effort Form” is not mandatory but is strongly encouraged, as submission of Good Faith Efforts documentation can protect the bidder’s eligibility for award of the contract if the City determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid submission or the bidder made a mathematical error. DBE firm was not certified at bid submission or the bidder made a mathematical error.

7.2.5.Good Faith Effort Reconsideration
The City will notify in writing any bidder that it determines has not met the DBE contract goal and has not demonstrated an adequate Good Faith Effort. The notification will include the reasons for the determination. The bidder may request reconsideration within three business days of notification of non-responsiveness. The reconsideration process will be facilitated by the City's Reconsideration Official, who will act as an independent, impartial party and will not have been involved in the initial Good Faith Effort evaluation.

As part of the reconsideration process, the bidder will have the opportunity to provide mitigating evidence as to whether the bidder met the DBE contract goal or made an adequate GFE to do so as set forth in the solicitation.

After the reconsideration hearing, the bidder will receive the final determination within seven working days of the hearing date. The result of the reconsideration process is not administratively appealable to the Department of Transportation or the City's Board of Directors.

DBE PARTICIPATION COMMITMENT FORM
Per the Interim Final Rule published by the Department of Transportation (DOT) on October 3, 2025 (Federal Register Number 47969), DBE participation goals are not applicable to this solicitation. Any forms or references to DBE requirements contained in this document do not apply to this bid and may be disregarded for purposes of evaluation and award.

NOTE: Refer to instructions on the reverse side of this form. This page can be duplicated to list all participating DBEs.

Bidder to Complete this Section

1. IFB No.: ___________________________________________________________________________________________________________________

2. Project Name/Description: ___________________________________________________________________________________________________

3. Prime Bidder Name: ________________________________________________________________________________________________________

4. Contract DBE Goal %: (if applicable)__________________________________________________________________________________________

5. Bidder’s Total Bid Price (if applicable) _________________________________________________________________________________________ Required DBE Commitment Information

6. DBE Firm
(Name, Address, E-Mail, Phone)

7. DBE
Certification
Number

8. Description of Scope of
Services/Work

9. Bid Item
(#)

10. Dollar Value
($) or Percent
(%) of
Participation

11. Dollar Value ($)
or Percent (%) of
Eligible DBE
Participation/
Commitment
Note: As a condition of responsiveness, the bidder is required to submit with the Bid a Letter of Intent and Affirmation signed and dated from each DBE listed in Column 6 acknowledging that the DBE is participating in the contract for the specified dollar value ($) or percent (%), and scope of work. If DBE goal is over 0%, the dollar amount in the Letter of Intent and Affirmation and the amount shown on this form MUST match identically.

12. Total Dollar Value ($) or Percent (%) of
Eligible DBE Participation: _____________

13. Eligible DBE Participation Represented as a
Percentage (%) of Bidder’s Total Bid Price:

____________%
Bidder Assurance: The bidder certifies that information on this form is complete and accurate, that it has verified the listed DBE(s) certification status and is only crediting eligible DBE participation towards meeting the contract DBE goal. ___________________________ __________________________ __________________________

14. Preparer’s Name (Print) 15. Preparer’s Signature 16. Preparer’s Title ___________________________ _(___)___________________ __________________________

17. Date 18. Telephone No. 19. Email Address
INSTRUCTIONS - DBE Participation Commitment Form
Bidder is required to ensure all information is complete and accurate:

1. IFB No. - Enter the IFB Number.

2. Project Name/Description - Enter the name and/or description of the project.

3. Prime Bidder Name - Enter the bidder’s firm name.

4. Contract DBE Goal % - Enter the contract DBE goal percentage (if applicable).

5. Bidder’s Total Bid Price – Enter the bidder’s total bid price (if applicable).

6. DBE Firm – Enter name and address of the proposed DBE firm. Identify all DBE firms being claimed for credit, regardless of tier.

7. DBE Certification Number - Enter the DBE’s certification identification number. All DBEs must have a valid DBE certification at time of bid opening.

8. Description of Scope of Services/Work – Enter the scope of services/work for each DBE firm listed to participate on this contract.

9. Bid Item (#) - Enter bid item number.

10. Dollar Value ($) or Percent (%) of Participation - Enter the total dollar value of participation for each listed DBE firm.

11. Dollar Value ($) or Percent (%) of Eligible DBE Participation/Commitment - Enter the dollar value of participation eligible to count towards meeting the contract DBE goal. This value should exclude work performed by lower tier subcontractors and account for the DBE’s capacity based on their certification type in conformance with the DBE crediting provisions set forth in Title 49 CFR Part 26.55.

12. Total Dollar Value ($) or Percent (%) of Eligible DBE Participation - Enter the sum of all eligible participation listed in column 11.

13. Eligible DBE Participation Represented as a Percentage (%) of Bidder’s Total Bid Price - Enter the corresponding percentage of the total eligible DBE participation that the bidder is counting towards the bidder’s DBE goal commitment (Formula: Item (12) Total Value of Eligible DBE Participation / Item (5) Bidder’s Total Bid Price = Bidder’s DBE Goal Commitment Percent (%)).

14. Preparer’s Name (Print) - Clearly enter the name of the authorized person preparing the form on behalf of the bidder.

15. Preparer's Signature - Authorized person’s signature.

16. Preparer’s Title - Enter the position/title of the authorized person signing the form on behalf of the bidder.

17. Date - Enter the date the form is signed.

18. Telephone No. - Enter the area code and telephone number of the authorized person signing the form on behalf of the bidder.

19. Email Address - Enter the email address of the authorized person signing the form on behalf of the bidder.

NOTE: A firm is only eligible to count towards DBE participation in the NAICS codes contained within its California Unified Certification Program (CUCP) DBE Profile. Bidders are to verify that listed DBE’s certification contains the NAICS codes relevant to the scope they are being listed to perform. If “Eligible DBE Participation Represented as a Percentage (%) of Bidder's Total Price” is less than “Contract DBE Goal”, adequate Good Faith Efforts (GFE) are required.

Per the Interim Final Rule published by the Department of Transportation (DOT) on October 3, 2025 (Federal Register Number 47969), DBE participation goals are not applicable to this solicitation. Any forms or references to DBE requirements contained in this document do not apply to this bid and may be disregarded for purposes of evaluation and award.

Per the Interim Final Rule published by the Department of Transportation (DOT) on October 3, 2025 (Federal Register Number 47969), DBE participation goals are not applicable to this solicitation. Any forms or references to DBE requirements contained in this document do not apply to this bid and may be disregarded for purposes of evaluation and award.

LETTER OF INTENT AND AFFIRMATION TO PERFORM AS A DBE

SUBCONTRACTOR/SUPPLIER/BROKER/TRUCKER
IFB NO:

IFB TITLE:

Name of Prime bidder’s firm: _________________________________ Address: ____________________________________________________ City: _______________________ State: _________ Zip: ____________ Name of DBE firm: ___________________________________________ Address: ____________________________________________________ City: _______________________ State: _________ Zip: ____________ Telephone: ____________________
Description of work to be performed by DBE firm:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ The bidder is committed to utilize the above-named DBE firm for the work described above.

The dollar value of this work $ ______________________
The percentage value of this work (in comparison to the total contract value) %________ Affirmation
The above-named DBE firm affirms that it will perform the portion of the contract for the values as stated above
By ___________________________________________
Title __________________________________________
Per the Interim Final Rule published by the Department of Transportation (DOT) on October 3, 2025 (Federal Register Number 47969), DBE participation goals are not applicable to this solicitation. Any forms or references to DBE requirements contained in this document do not apply to this bid and may be disregarded for purposes of evaluation and award.

DBE INFORMATION - GOOD FAITH EFFORTS
IFB No: _____________________________ Bid Opening Date ___________________ The City of Santa Clarita (City) established a Disadvantaged Business Enterprise (DBE) goal of _____% for this contract. The information provided herein shows that a good faith effort was made by (Bidder).

Bidder shall submit the following information to document adequate good faith efforts to the City no later than 48 hours after the City's bid due date, or as otherwise specified in the solicitation. Bidder should submit the following information even if the “DBE Participation Commitment Form” indicates that the bidder has met the DBE goal. This will protect the bidder’s eligibility for award of the contract if City determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

Submittal of only the form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made.

The following good faith efforts items (A through H) shall be minimally performed prior to bid submission.

Bidder to complete the following items in sufficient detail to effectively demonstrate that good faith efforts were undertaken to meet the established DBE goal:

SECTION E
Awardee Sample Forms

SAMPLE AGREEMENT
CON-9
Council Approval Date: _____________
Agenda Item: _____________
Contract Amount: _____________

CAPITAL IMPROVEMENT PROJECT AGREEMENT (FEDERAL)

BETWEEN

THE CITY OF SANTA CLARITA
AND
<CONTRACTOR NAME>
FOR
<FULL PROJECT NAME>
<PHASE NUMBER AND PHASE DESCRIPTION (AS APPLICABLE)>
<CITY BID NO. (AS APPLICABLE) OR CITY PROJECT NO. (ONLY IF BID No. is N/A)> <FEDERAL PROJECT/ID NUMBER (AS APPLICABLE)>
<BRIEF DESCRIPTION OF SERVICES>
This AGREEMENT is made and entered into BY AND BETWEEN the City of Santa Clarita, as CITY, and , 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, and appendices; together with this AGREEMENT and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said AGREEMENT documents are made a part hereof as though fully set forth herein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

Except for defaults of subcontractors at any tier, CONTRACTOR shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONTRACTOR, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following: Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents.

ARTICLE V
City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR’S performance of or failure to perform any services under this Agreement, or by the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, committed in performing any of the services under this Agreement.

If any action or proceeding is brought against Indemnitees by reason of any of the matters against which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR, upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the expiration or earlier termination of this agreement.

The provisions of this section do not apply to Claims occurring as a result of the City's active negligence or acts of omission.

ARTICLE VI
The provisions of this section are provided in compliance with Public Contract Code Section 9204; they provide the procedures for any claims related to the Work performed under this Agreement.

1. Claim Definition. “Claim" means a separate demand by CONTRACTOR sent by registered mail or certified mail with return receipt requested, for one or more of the following:
a. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by CITY.
b. Payment by CITY of money or damages arising from the Services performed by, or on behalf of, CONTRACTOR pursuant to the Agreement and payment for which is not otherwise expressly provided or to which CONTRACTOR is not otherwise entitled.
c. Payment of an amount that is disputed by CITY.

2. Claim Process.
a. Timing. Any Claim must be submitted to CITY in compliance with the requirements of this section no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived. b. Submission. The Claim must be submitted to CITY in writing, clearly identified as a “Claim” submitted pursuant to this Article VI and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts. c. Review. Upon receipt of a Claim in compliance with this Article VI, CITY shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide CONTRACTOR a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, CITY and CONTRACTOR may, by mutual agreement, extend the time period provided in this paragraph 2.
d. If CITY Approval Required. If CITY needs approval from its governing body to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the Claim, and CITY’S governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of CITY after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion. e. Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after CITY issues its written statement. If CITY fails to issue a written statement, paragraph 3, below, shall apply.

3. Disputed Claims
a. Meet and Confer. If CONTRACTOR disputes CITY’S written response, or if CITY fails to respond to a Claim submitted pursuant to this Article within the time prescribed, CONTRACTOR may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, CITY shall provide CONTRACTOR a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after CITY issues its written statement.
b. Mediation. Any remaining disputed portion of the Claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by CONTRACTOR. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws.
i. For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. ii. Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. CITY’S Failure to Respond. Failure by CITY to respond to a Claim from CONTRACTOR within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of CITY’S failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Article, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of CONTRACTOR.

5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.

6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against CITY because privity of contract does not exist, CONTRACTOR may present to CITY a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that CONTRACTOR present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor.

The subcontractor requesting that the Claim be presented to CITY shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, CONTRACTOR shall notify the subcontractor in writing as to whether CONTRACTOR presented the claim to CITY and, if CONTRACTOR did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) CITY may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this Article.

ARTICLE VII
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 VIII
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 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 IX
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.

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:

Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractors’ Liability (if applicable), in an amount of not less than $2,000,000.00 per occurrence, $4,000,000.00 annual aggregate, written on an occurrence form.

Products/Completed Operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the CONTRACTOR for covered claims arising out of the actions of independent contractors. If the CONTRACTOR is using subcontractors, the policy must include work performed “by or on behalf” of the CONTRACTOR. Policy shall contain no language that would invalidate or remove the CONTRACTOR’S duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the CONTRACTOR.

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, insure 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, its officers, directors, officials, agents, and employees.

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.

Builder’s Risk
Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain Builder’s Risk Insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below:

The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear.

CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the Builder’s Risk Policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy.

Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sub-limits and shall be submitted to the CITY prior to commencement of construction.

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.

Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions with limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. Coverage must be included for bodily injury and property damage, including coverage for loss of use and/or diminution in property value, and for clean-up costs arising out of, pertaining to, or in any way related to the actual or alleged discharge, dispersal, seepage, migration, release or escape of contaminants or pollutants, arising out of or pertaining to the services provided by CONTRACTOR under this Agreement, including the transportation of hazardous materials or contaminants.

Professional Liability (if Design-Build)
Professional Liability Insurance, insuring against professional errors and omissions arising from CONTRACTOR’S work on the Project, in an amount not less than $2,000,000 combined single limit for each occurrence. If CONTRACTOR cannot provide an occurrence policy, CONTRACTOR shall provide insurance covering claims made as a result of performance of work on this Project and shall maintain such insurance in effect for not less than three years following final completion of the Project.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

CONTRACTOR hereby waives its own right of recovery against the CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Separation of Insureds
A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause
CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR.

CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONTRACTOR agrees that upon request, all Agreements with consultants, subcontractors, and others engaged in the project will be submitted to the CITY for review.

Self-Insured Retentions
Any self-insured retentions must be declared to and approved by the CITY. The CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the CITY.

Primary and Additional Insured
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.

Risk Course of Construction Insurance (Including damage to property owned by CITY, CONTRACTOR or third parties caused by fire)
Insurance shall be in the amount of 100 percent of the completed value of the Work to be performed under this Contract. Deductible shall not exceed $25,000.00. Each loss shall be borne by CONTRACTOR.

Requirements
Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain coverage at CONTRACTOR’S expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this Agreement, CITY may cancel the Agreement immediately with no penalty.

Should CONTRACTOR’S insurance required by this Agreement be canceled at any point prior to expiration of the policy, CONTRACTOR must notify CITY within 24 hours of receipt of notice of cancelation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer’s issuance of notice of cancelation. CONTRACTOR must ensure that there is no lapse in coverage.

If the operation under this Agreement results in an increased or decreased risk in the opinion of the City’s Risk Manager, then the CONTRACTOR agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City’s Risk Manager.

The CONTRACTOR agrees that provisions of this section 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.

All policies of insurance described shall be placed with insurers acceptable to CITY. The insurance underwriter(s) for all insurance policies except Workers’ Compensation shall have an A.M. rating of [A-, VIII] or better, unless otherwise specified in Contract Documents.

ARTICLE X
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 XI
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.

Liquidated Damages

1. Time is of the essence. Execution of this CIP Agreement by CONTRACTOR shall constitute acknowledgement by CONTRACTOR that CONTRACTOR understands, has ascertained and agrees that CITY will actually sustain damages in the amount fixed in the Contract Documents for each and every Day during which completion of Work required is delayed beyond expiration of time fixed for completion or extensions of time allowed pursuant to provisions hereof. CONTRACTOR and CITY agree that specified measures of liquidated damages shall be presumed to be the damages actually sustained by CITY as defined below, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.

2. Liquidated damages shall be considered not as a penalty but as agreed monetary damage sustained by CITY for increased Project administration expenses, including extra inspection, construction management and architectural and engineering expenses related to the Project and Contract Documents because CONTRACTOR failed to perform and complete Work within time fixed for completion or extensions of time allowed pursuant to provisions hereof.

Liquidated damages shall not be deemed to include within their scope additional damages or administrative costs arising from Defective Work, lost revenues, interest expenses, cost of completion of the Work, cost of substitute facilities, claims and fines of regulatory agencies, damages suffered by others or other forms of liability claimed against CITY as a result of delay (e.g., delay or delay related claims of other contractors, subcontractors or tenants), and defense costs thereof. CONTRACTOR shall be fully responsible for the actual amount of any such damages it causes, in addition to the liquidated damages otherwise due CITY.

3. CITY in its sole discretion may deduct from any money due or to become due to CONTRACTOR subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.

Should CONTRACTOR fall behind the approved Progress Schedule, CITY may deduct liquidated damages based on its estimated period of late completion. CITY need not wait until Final Completion to withhold liquidated damages from CONTRACTOR’s progress payments. Should money due or to become due to CONTRACTOR be insufficient to cover aggregate liquidated damages due, then CONTRACTOR forthwith shall pay the remainder of the assessed liquidated damages to CITY.

4. CONTRACTOR acknowledges that the quality and qualifications of the key personnel are important factors in this Agreement. CONTRACTOR and CITY agree that the services of the key personnel are a material term of this Agreement. CONTRACTOR and CITY agree further that the substitution or removal or change in role or level of effort of such key personnel may result in damages to the CITY, the measure of which would be impractical or extremely difficult to fix. In lieu such damages, CITY and CONTRACTOR have agreed to liquidated damages as described below:
a. For any substitution of any key personnel individual before the end of the individual’s Project commitment period provided in CONTRACTOR’S key personnel staffing schedule, CITY may assess once, and CONTRACTOR shall accept, liquidated damages in the amount of six (6) times the gross monthly salary for each substituted key personnel.
b. Liquidated damages for substitution of key personnel shall be deducted from the next applicable Application for Payment or, if insufficient, shall be paid by CONTRACTOR upon CITY’s written demand
c. No liquidated damages shall be due under this section for any substitution required due to death, incapacity or employment termination of a key personnel.

COVID-19
Prior to execution of the Agreement, the State of California declared a state of emergency and issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los Angeles (“County”) issued numerous orders relating to COVID-19, including without limitation an Order to Shelter in Place, originally dated March 17, 2020 (as subsequently extended and amended, including after the date of the Agreement, the “County Order”). In no event shall CONTRACTOR be entitled to any additional compensation in connection with any delay or costs associated with the COVID 19 pandemic, the County Order, or any other governmental requirements or regulations in connection therewith, whether currently existing or hereinafter enacted. In the event of any conflict between the terms of this Section and any other provision of the Agreement, in all events, the terms of this Section shall control.

CONTRACTOR’s safety and logistics plans prepared in connection with this Contract specifically takes into account the COVID-19 Pandemic, the County Order, and all other governmental requirements or regulations regarding COVID-19 as of the date of the Contract, including without limitation all safety measures required.

Safety of Persons and Property. CONTRACTOR shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss, including without limitation the County Order and all other governmental requirements or regulations regarding COVID-19, all as may be amended from time to time.

Modification/Termination
No modification, amendment or other change in this AGREEMENT or any provision hereof shall be effective for any purpose unless specifically set forth in writing and signed by duly authorized representatives of the parties hereto. This AGREEMENT may be terminated with or without cause by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services shall require thirty (30) days advance written notice unless otherwise agreed in writing between CONTRACTOR and CITY. In the event of termination, CONTRACTOR shall be entitled to compensation for all satisfactory services completed and materials provided to the date of the notice of termination.

Non-Effect Waiver
CONTRACTOR's or CITY's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of future exercise of such rights or remedies, unless otherwise provided for herein.

Severability
In the event that any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be construed as if such unenforceable provisions are not a part hereof.

Governing Law
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.

Compliance with Law
CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR shall comply with all aspects of the National Pollutant Discharge Elimination System (NPDES) in order to prevent pollution to local waterways. Failure to implement NPDES Requirements shall result in project delays through City issued Stop Work Notices and/or fines levied against the CONTRACTOR.

CONTRACTOR represents that the CONTRACTOR agrees to comply with all applicable federal and state workplace and employment laws including those that relate to minimum hours and wages, occupational health and safety, workers compensation insurance and state, county and local orders.

Conflict of Interest
CONTRACTOR will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

Prevailing Wages
CONTRACTOR’s work is considered a “Public Works project” subject to the payment of prevailing wages. CONTRACTOR stipulates that it shall comply with all applicable wage and hour laws, including without limitation, California Labor Code §§ 1776 and 1810-1815. Failure to so comply shall constitute a default under this Contract. Further, all public works projects valued at $30,000 or more must include an obligation to hire apprentices, unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination.

This duty applies to all contractors on a public works project, even if their part of the project is less than $30,000.

CONTRACTOR and its Subcontractors shall pay to persons performing labor in and about the project provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and Owner to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. CONTRACTOR shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site.

CONTRACTOR shall insert in every subcontract or other arrangement which CONTRACTOR may make for performance of Work or labor on Work provided for in the Contract, provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the California Labor Code.

CONTRACTOR and its Subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the Project. The record shall be kept open at all reasonable hours to the inspection Owner and to the Division of Labor Standards Enforcement.

CONTRACTOR and its Subcontractors must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work of the Contract Documents.

Each payroll record shall contain or be verified by a written declaration as required by Labor Code Section 1776.

With each application for payment, CONTRACTOR shall also deliver certified payrolls directly to the Labor Commissioner in the format prescribed by the Labor Commissioner.

CONTRACTOR shall indemnify, hold harmless and defend (with counsel reasonably acceptable to CITY) CITY against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity to pay prevailing wages as required by law or to comply with the other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations in connection with execution of the improvements or any other work undertaken or in connection with the Public Works project.

This contract is subject to both federal and state prevailing wage requirements. 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. All pertinent federal and State of California statutes and regulations, 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.

The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract 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 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 federallyassisted 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 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 1(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 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 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 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.
(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.

Electronic Transmission of Contract and Signatures
The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. [SIGNATURES ON NEXT PAGE]
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 on this date of .

CONTRACTOR: CONTRACTOR Name: _____________________________________ Address: __________________________________________________ Phone & Fax No. ___________________________________________ Signed By: _________________________________________________________________________ Print Name & Title:__________________________________________ CONTRACTOR’s License No. ________________________________ Class _____________________________________________________ CITY: _____________________________________________ Date: _______ City Manager of the City of Santa Clarita
Approved as to Form: _____________________________________________ Date: _______ City Attorney of the City of Santa Clarita

FEDERAL CONTRACT PROVISIONS
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
On October 3, 2025, the U.S. Department of Transportation (DOT) published an Interim Final Rule (IFR) in the Federal Register modifying the Disadvantaged Business Enterprise (DBE) Program regulations (49 CFR Part 26). The IFR takes effect immediately upon publication. The IFR requires federal grant recipients to pause enforcement of DBE goals in existing contracts supported by federal funds, among other requirements. The IFR prohibits grant recipients from enforcing DBE goals until the applicable Unified Certification Program (UCP) has completed a reevaluation of all existing certified DBEs pursuant to new criteria established in the IFR.

The City of Santa Clarita will review additional DOT guidance as released and provide further updates to you as needed.

Per the Interim Final Rule published by the Department of Transportation (DOT) on October 3, 2025 (Federal Register Number 47969), DBE participation goals are not applicable to this solicitation. Any forms or references to DBE requirements contained in this document do not apply to this bid and may be disregarded for purposes of evaluation and award.

FEDERAL REQUIREMENTS (FEDERAL TRANSIT ADMINISTRATION)
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California

DISPUTES, BREACHES, DEFAULTS, AND LITIGATION NOTIFICATION Notification to the City; Flow Down Requirement. If a current or prospective legal matter that may affect the City or Federal Government emerges, the Contractor must promptly notify the City. The Contractor must include a similar notification requirement in its subcontractor contracts. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the City or Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

ACCESS TO RECORDS AND REPORTS
a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third-party Contracts of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed 13 May 25 in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

AMERICANS WITH DISABILITIES ACT(ADA)
The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S.

FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

BUY AMERICA REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Build America, Buy America Act. Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117- 58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). In accordance with 2 CFR § 184.2(a), the Recipient shall apply the standards of 49 CFR Part 661 to iron, steel, and manufactured products. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11. Domestic preferences for procurements The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. For more information, please see the FTA’s Buy America webpage at: https://www.transit.dot.gov/buyamerica

CARGO PREFERENCE REQUIREMENTS
The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United 7 May 25 States-flag commercial vessels, if available. 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381. b. to furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the recipient (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

CHANGES TO FEDERAL REQUIREMENTS
Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.

CIVIL RIGHTS LAWS AND REGULATIONS
The following Federal Civil Rights laws and regulations apply to all contracts. The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue. 1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to: a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation), disability, or age, and prohibits discrimination in employment or business opportunity. b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21, and 49 U.S.C. § 5332, prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. 2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex. 3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity 9 May 25 Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age. 4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies. Civil Rights and Equal Opportunity The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Equal Employment Opportunity. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements, without regard to their race, color, religion, national origin, or sex (including sexual orientation). In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any 10 May 25 Implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 5. Federal Law and Public Policy Requirements. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000: Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 11 May 25 Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Applicability: This requirement applies to all FTA grant and cooperative agreement programs. b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part

5. See 2 C.F.R. Part 200, Appendix II.
c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:

Compliance with the Contract Work Hours and Safety Standards Act. (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 12 May 25 such laborer or mechanic receives compensation at a rate not less than one and onehalf 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 (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The agency 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 (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (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 (1) through (4) of this section.”

DEBARMENT AND SUSPENSION
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in any federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Does not apply to projects fully funded by the Tribal Transportation Program (TTP).) It is the policy of the Agency and the United States Department of Transportation (“DOT”) that 14 May 25 Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. 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 Agency deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b). Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a). Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).

ENERGY CONSERVATION
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.§ 6201).

FLY AMERICA
a) Definitions. As used in this clause— 1) “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. 2) “United States” means the 50 States, the District of Columbia, and outlying areas. 3) “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C.

Chapter 411. 15 May 25 b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, Agencys, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreignflag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: e) Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES
The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by 16 May 25 the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE,

ABUSE, OR OTHER LEGAL MATTERS
If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-Party Agreements and must require each Third-Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. (3) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier.

Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPME NT
a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1) Procure or obtain; 2) Extend or renew a contract to procure or obtain; or 3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security 20 May 25 purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. c) See Public Law 115-232, section 889 for additional information. d) See also § 200.471.

PROMPT PAYMENT
(Does not apply to projects fully funded by the Tribal Transportation Program (TTP).) The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed. The contractor must promptly notify the Agency, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Agency.

RESTRICTIONS ON LOBBYING
Conditions on use of funds.
(a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section. (c) Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds. 22 May 25 (d) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, whether that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee. (e) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form if that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee. Certification and disclosure. (a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for: (1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000. (b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of: (1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000, Unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section. (c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs (a) or (b) of this section.

An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, (3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of this section: (1) A subcontract exceeding $100,000 at any tier under a Federal contract; (2) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant; (3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000; or, (4) A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative agreement, Shall file a certification, and a disclosure form, if required, to the next tier above. (e) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraphs (a) or (b) of this section. That person shall forward all disclosure forms to the agency. (f) Any certification or disclosure form filed under paragraph (e) of this section shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared by any tier to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31, U.S.

Code. (g) For awards and commitments in process prior to December 23, 1989, but not made before that date, certifications shall be required at award or commitment, covering activities occurring between December 23, 1989, and the date of award or commitment. However, for awards and commitments in process prior to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at time of award or commitment but shall be filed within 30 days. (h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or C.

SAFE OPERATION OF MOTOR VEHICLES
Seat Belt Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or Agency.

Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this Contract.

SIMPLIFIED ACQUISITION THRESHOLD
Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317– 200.327. The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy America’s eligibility and process requirements apply to any procurement in excess of $150,000. 49 U.S.C. § 5323(j)(13).

SPECIAL NOTIFICATION REQUIREMENTS FOR STATES
Applies to States –
a. To the extent required under federal law, the State, as the Recipient, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project;
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized; and
(3) The amount of federal assistance FTA has provided for a State Program or Project. b. Documents - The State agrees to provide the information required under this provision in the following documents: (1) applications for federal assistance, (2) requests for proposals or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other publications.

TERMINATION
Termination for Convenience (General Provision)
The Agency may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Agency’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to Agency to be paid the Contractor. If the Contractor has any property in its possession belonging to Agency, the Contractor will account for the same, and dispose of it in the manner Agency directs.

Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Agency may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Agency, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.

Opportunity to Cure (General Provision)
The Agency, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to Agency's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Agency from also pursuing all available remedies against Contractor and its sureties for said breach or default.

Waiver of Remedies for any Breach
In the event that Agency elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by Agency shall not limit Agency’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.

Termination for Convenience (Professional or Transit Service Contracts) The Agency, by written notice, may terminate this contract, in whole or in part, when it is in the Agency’s interest. If this contract is terminated, the Agency shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

Termination for Default (Supplies and Service)
If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency.

Termination for Default (Transportation Services)
If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Agency goods, the Contractor shall, upon direction of the Agency, protect and preserve the goods until surrendered to the Agency or its agent. The Contractor and Agency shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency.

Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will ensure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provision of this contract, Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Agency may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Agency resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Agency in completing the work. The Contractor's right to proceed shall not be terminated nor shall the Contractor be charged with damages under this clause if: 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of Agency, acts of another contractor in the performance of a contract with Agency, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The Contractor, within [10] days from the beginning of any delay, notifies Agency in writing of the causes of delay. If, in the judgment of Agency, the delay is excusable, the time for completing the work shall be extended. The judgment of Agency shall be final and conclusive for the parties, but subject to appeal under the Disputes clause(s) of this contract. 3. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of Agency.

Termination for Convenience or Default (Architect and Engineering) The Agency may terminate this contract in whole or in part, for the Agency’s convenience or because of the failure of the Contractor to fulfill the contract obligations. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Agency ‘s Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. Agency has a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other information and materials. If the termination is for the convenience of the Agency, the Agency’s Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Agency may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Agency. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Agency.

Termination for Convenience or Default (Cost-Type Contracts) The Agency may terminate this contract, or any portion of it, by serving a Notice of Termination on the Contractor. The notice shall state whether the termination is for convenience of Agency or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the Contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the Agency, or property supplied to the Contractor by the Agency. If the termination is for default, the Agency may fix the fee, if the contract provides for a fee, to be paid the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Agency and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of Agency, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a Notice of Termination for Default, the Agency determines that the Contractor has an excusable reason for not performing, the Agency, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.

VIOLATION AND BREACH OF CONTRACT
Disputes:

Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the agency. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the agencies authorized representative. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the agencies authorized representative shall be binding upon the Contractor and the Contractor shall abide be the decision.

Performance during Dispute:

Unless otherwise directed by the agencies authorized representative, contractor shall continue performance under this contract while matters in dispute are being resolved.

Claims for Damages:

Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

Remedies:

Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the agencies authorized representative and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Agency is located.

Rights and Remedies:

Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Agency or contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
Intelligent Transportation Systems (ITS) projects shall conform to the National ITS Architecture and standards pursuant to 23 CFR § 940. Conformance with the National ITS Architecture is interpreted to mean the use of the National ITS Architecture to develop a regional ITS architecture in support of integration and the subsequent adherence of all ITS projects to that regional ITS architecture.

Development of the regional ITS architecture should be consistent with the transportation planning process for Statewide and Metropolitan Transportation Planning (49 CFR Part 613 and 621).

FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS
(1) The contractor certifies that it:
(a) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (b) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months. If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third Party Agreement with the Third Party Participant without FTA’s written approval. (2) Flow-Down. The Recipient agrees to require the contractor to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement.

SEVERABILITY
The Contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidance will continue in effect.

TRAFFICKING IN PERSONS
The contractor agrees that it and its employees that participate in the Recipient’s Award, may not:
(a) Engage in severe forms of trafficking in persons during the period of time that the Recipient’s Award is in effect; (b) Procure a commercial sex act during the period of time that the Recipient’s Award is in effect; or
(c) Use forced labor in the performance of the Recipient’s Award or subagreements thereunder.

BOND REQUIREMENTS
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. It is also understood and agreed that if the bidder should withdraw any part or all of their bid within [90] days after the bid opening without the written consent of the Agency, or refuse or be unable to enter into this Contract as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guaranty to the extent Agency’s damages occasioned by such withdrawal, or refusal, or inability to enter into a Contract, or provide adequate security thereof.

It is further understood and agreed that to the extent the defaulting bidder's bid guaranty shall prove inadequate to fully recompense Agency for the damages occasioned by default, then the bidder agrees to indemnify Agency and pay over to Agency the difference between the bid guarantee and Agency’s total damages so as to make Agency whole.

The bidder understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive.

Performance Guarantee. A Performance Guarantee in the amount of 100% of the Contract value is required by the Agency to ensure faithful performance of the Contract. Either a Performance Bond or an Irrevocable Stand-By Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Contract. The successful Bidder shall certify that it will provide the requisite Performance Guarantee to the Agency within ten 5 May 25 (10) business days from Contract execution. The Agency requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the Agency and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. Agency may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The Agency may secure additional protection by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond.

If the Bidder chooses to provide a Letter of Credit as its Performance Guarantee, the Bidder shall furnish with its bid, certification that an Irrevocable Stand-By Letter of Credit will be furnished should the Bidder become the successful Contractor. The Bidder shall also provide a statement from the banking institution certifying that an Irrevocable Stand-By Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable StandBy Letter of Credit will only be accepted by the Agency if:

1. A bank in good standing issues it. The Agency will not accept a Letter of Credit from an entity other than a bank.

2. It is in writing and signed by the issuing bank.

3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.

4. The Agency is identified as the Beneficiary.

5. It is in an amount equal to 100% of the Contract value. This amount must be in U.S. dollars.

6. The effective date of the Letter of Credit is the same as the effective date of the Contract

7. The expiration date of the Letter of Credit coincides with the term of the contract.

8. It indicates that it is being issued in order to support the obligation of the Contractor to perform under the Contract. It must specifically reference the Contract between the Agency and the Contractor the work stipulated herein.

The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.

Payment Bonds. A Labor and Materials Payment Bond equal to the full value of the contract must be furnished by the contractor to Agency as security for payment by the Contractor and subcontractors for labor, materials, and rental of equipment. The bond may be issued by a fully qualified surety company acceptable to (Agency) and listed as a company currently authorized under 31 C.F.R. part 223 as possessing a Certificate of Authority as described thereunder.

SEISMIC SAFETY
The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations 49 C.F.R. part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.

SOLID WASTES (RECOVERED MATERIALS)
A Recipient that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

VETERANS HIRING PREFERENCE
Veterans Employment - Construction contracts of Federal financial assistance shall ensure that contractors working on a capital project funded using such assistance give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee. "General Decision Number: CA20260022 01/02/2026
Superseded General Decision Number: CA20250022
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Los Angeles County in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number
0 Publication Date
01/02/2026
ASBE0005-002 09/01/2024
Rates
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) ..... $ 56.32
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) ........................... $ 39.94
ASBE0005-004 07/04/2022
Rates
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not) .... $ 23.52
BOIL0092-003 01/01/2024
Rates
BOILERMAKER ...................... $ 51.98
* BRCA0004-007 05/01/2024
Rates
BRICKLAYER; MARBLE SETTER ........ $ 45.53
Fringes

26.52 20.65
Fringes

13.37 Fringes

42.11 Fringes

20.29 FEDERAL PREVAILING WAGE DETERMINATIONS

DBE CLAUSES
Per the Interim Final Rule published by the Department of Transportation (DOT) on October 3, 2025 (Federal Register Number 47969), DBE participation goals are not applicable to this solicitation. Any forms or references to DBE requirements contained in this document do not apply to this bid and may be disregarded for purposes of evaluation and award.

I. DISADVANTAGED BUSINESS ENTERPRISES (DBE) POLICY AND APPLICABILITY In accordance with federal financial assistance agreements with the U.S. Department of Transportation (U.S. DOT), the City of Santa Clarita (City) has adopted a Disadvantaged Business Enterprise (DBE) Program, in conformance with Title 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” This DOT-assisted project is subject to these stipulated regulations and the City’s DBE program, which are hereby incorporated in their entirety by this reference. In order to ensure that the City achieves its overall DBE Program goals and objectives, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of contracts financed in whole or in part with U.S. DOT funds.

It is Contractor’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26 and City’s DBE program. Particular attention is directed to the following:
 A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).
 A certified DBE may participate as a prime Contractor, subcontractor, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.  A DBE must perform a commercially useful function pursuant to 49 CFR 26.55 that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.  Contractor must not claim DBE participation as attained until the amount to be claimed is paid and fully adheres to DBE crediting provisions.
 Contractor must complete and submit all required DBE documentation to effectively capture all DBE utilization on City’s DOT-assisted contracts whether achieved race neutrally or race consciously. No changes to Contractor’s DBE Commitment shall be made until proper protocols for review and approval of the City are rendered in writing.  Contractor shall take appropriate actions to ensure that it will satisfy good faith efforts to meet the DBE contract goal and continue to meet the DBE commitment(s) made at award, when change orders or other contract modifications alter the dollar amount of the contract or the distribution of work. Contractor must apply and report its DBE goal commitments against the total current contract value, including any contract change orders and/or other contract modifications.

Any terms used in this section that are defined in 49 CFR Part 26, or elsewhere in the Regulations, must have the meaning set forth in the Regulations. In the event of any conflicts or inconsistencies between the Regulations and the City’s DBE Program with respect to DOT-assisted contracts, the Regulations must prevail.

A. DBE Policy Implementation Directives
Pursuant to the provisions associated with federal regulation 49 CFR, Part 26, the Disadvantaged Business Enterprise (DBE) program exists to ensure participation, equitable competition, and assistance to participants in the U.S. DOT DBE program. This contact is funded in whole or in part with Federal-Aid dollars received from the California Department of Transportation’s (Caltrans’). Accordingly, the City has adopted the Caltrans DBE program, which utilizes both race-conscious and race-neutral means. When a contract-specific DBE goal is assigned to a project, meeting the contract-specific goal by committing to utilize DBEs or documenting a bona fide good faith effort to do so, is a condition of award.

B. Contractor’s Assurance Clause Regarding Non-Discrimination Contractor shall ensure that the following clause is placed in every Subcontract agreement:
“The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of federal law. 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 City deems appropriate, which may include but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Consultant from future bidding as non-responsible” C. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

D. DBE Goal and Contractor DBE Commitment
The City establishes contract-specific DBE goals to meet any portion of the City’s Overall DBE Goal that the City does not project being able to meet using race-neutral means. The City establishes contractspecific goals only on those DOT-assisted contracts that have subcontracting opportunities.

The City may establish a DBE contract goal that is higher or lower than its overall goal, depending on such factors as the type of work involved, the location of the work, and the availability of DBEs for the work of the particular contract.

The City established 5.72% DBE contract-specific goal on this project and the Contractor has committed to A 5.72% DBE participation. The Contractor is required to demonstrate DBE responsiveness towards meeting the 5.72% DBE contract-specific goal on this project as well as their DBE commitments.

Contractor agrees to ensure that any DBE subcontractor listed on the “DBE Participation Commitment Form” will perform work and/or supply materials in accordance with original commitments, unless otherwise directed and/or approved by City prior to Contractor effectuating any changes to its DBE participation commitment(s).

The Contractor must demonstrate responsiveness to meeting the DBE goal throughout the life of the project. The Contractor's DBE commitment shall be evaluated by dividing the value of DBE commitments (executed subcontracts or purchase orders) by the Contractor's total contract value. DBE utilization or DBE attainment will be evaluated by dividing the dollars paid to DBE firms by the Contractor’s current contract value. The Contractor must notify the City in a timely manner and in writing, of changes to planned DBE participation or problems anticipated in attaining the DBE contract goal. In accordance with the City's DBE Program, the Contractor must include satisfactory evidence that good faith efforts were undertaken and must specify additional good faith efforts planned to remedy any shortfall towards meeting the DBE contract goal.

If there is a change order to a contract on which there is a DBE contract goal, then that contract goal applies to the total contract value, inclusive of all change orders. This is true regardless of whether the City or the Contractor initiates the change order.

E. DBE Eligibility
A DBE must be certified at the time of proposal submission:

The City requires all DBEs listed for participation to be DBE certified by a California Unified Certification Program (CUCP) certifying member agency. The City is a non-certifying member agency of the CUCP. Therefore, the City will accept DBE certifications from member agencies which certify the eligibility of DBEs in accordance with 49 CFR Part

26.81, under the CUCP.

It is the responsibility of the Contractor to verify the DBE certification status of all listed DBEs prior to listing the firm as a DBE participant.

It is also the responsibility of the Contractor to ensure that each DBE is certified in the NAICS code that corresponds to the DBE’s contract scope of work. The City’s evaluation of the “Disadvantaged Business Enterprise (DBE) Participation Listing” form requires DBEs to be certified for the scope listed in accordance with the regulatory requirements.

A DBE may participate as a Prime Contractor, subcontractor, joint venture partner with a Prime or Subcontractor, vendor of material or supplies, or as a trucking company.

A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

The use of joint-checks for DBE firms must be approved by the City prior to execution and a joint-check agreement must accompany the request to City.

F. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form (Caltrans Exhibit 15-G) or added to the Contract after award. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by performing, managing, and supervising the work involved. Additionally, the DBE must also be responsible, with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, The City will presume that it is not performing a commercially useful function.

Contractor shall perform CUF evaluation for each DBE working on the Contract. This also includes DBE truckers, suppliers, and other vendors where a subcontract is not required. For contracts between the first-tier DBE and the second-tier DBE, the first-tier DBE must perform the CUF evaluation on the secondtier DBE following the same procedure described in this section. The same CUF requirements are applicable to lower-tier DBE subcontractors that subcontract to DBE subcontractors.

Contractor shall perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the Contract. Contractor must provide written notification to the City at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the Contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, Contractor must submit to The City the initial evaluation and validation of DBE performance of a CUF using Exhibit 9-J:

Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Contractor shall include the following information, as applicable, with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using Exhibit 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the City these quarterly evaluations and validations by the 5th of the month for the previous three months of work. Contractor must notify the City immediately if the Contractor believes the DBE may not be performing a CUF.

The City will verify DBE’s performance of CUF by reviewing the initial and quarterly submissions of Exhibit 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and any additional The City evaluations. The City will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. Contractor and the DBE must participate in the evaluation.

Upon completing the evaluation, the City will share the evaluation results with Contractor and the DBE.

The evaluation may include items that must be remedied upon receipt. If the City determines the DBE is not performing a CUF, then Contractor must suspend performance of the noncompliant work. • The City may request additional information from Contractor if the City determines a DBE is not performing a CUF. Any additional CUF related records and documents must be submitted within five (5) business days of the City’s request. Records and documents may include items such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Contractor’s failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If Contractor and/or the City determine that a listed DBE is not performing a CUF in performance of their DBE committed work, Contractor shall immediately suspend performance of the noncompliant portion of the work. The City may deny payment for the noncompliant portion of the work.

The City will ask Contractor to submit a corrective action plan (CAP) to the City within five (5) days of the noncompliant CUF determination. The CAP must identify how Contractor will correct the noncompliance findings for the remaining portion of the DBE's work. The City will review the CAP within five (5) days.

Contractor must implement the CAP within five (5) days from the day the City approves the CAP. The City will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then Contractor may have good cause to request termination and replacement of the DBE.

G. DBE Crediting Provisions
Credit for DBE participation is determined according to the following provisions:
• When a DBE is proposed to participate in the Contract, either as a prime Contractor or subcontractor, at any tier, only the value of the work proposed to be performed by the DBE with its own forces may be counted toward DBE participation. • If the Contractor is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted.
• If a DBE intends to subcontract part of the work of its subcontract to a lower tier subcontractor, the value of the subcontracted work may be counted toward DBE participation only if the DBE subcontractor is a certified DBE and actually performs the work with its own forces. Services subcontracted to a non-DBE firm may not be credited toward the Contractor’s DBE attainment. • Contractor is to calculate and credit participation by eligible DBE vendors of equipment, materials, and suppliers toward DBE attainment, as follows:

1. Sixty percent (60%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a regular dealer; or

2. One hundred percent (100%) of expenditure(s) for equipment, materials, and supplies required under the Contract, obtained from a DBE manufacturer. • The following types of fees or commissions paid to DBE subcontractors, brokers, and packagers may be credited toward DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including:

1. Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract;

2. Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies;

3. Fees and commissions charged for providing any insurance specifically required in the performance of the Contract.
• Contractor may count the participation of DBE trucking companies toward DBE attainment, as follows:

1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Contract.

2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract.

3. The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs.

4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.

5. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE.

6. The DBE may lease trucks without drivers from a non-DBE truck leasing company and if the DBE uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.

7. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.
• If the Contractor listed a non-certified DBE 1st tier subcontractor to perform work on this Contract, and the non-certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower-tier DBE certified subcontractor or Vendor, the value of work performed by the lower-tier DBE firm’s own forces can be counted toward DBE participation on the Contract.
• The Contractor is advised not to count the participation of DBEs toward the Contractor’s DBE attainment until the amount being counted has been paid to the DBE.

H. DBE “FRAUDS” AND “FRONTS”
Only legitimate DBEs are eligible to participate as DBEs in the City’s federally-assisted contracts.

Contractor is cautioned against knowingly and willfully using “fronts.” The use of “fronts” and “pass through” subcontracts to non-disadvantaged firms constitute criminal violations. Further, any indication of fraud, waste, abuse or mismanagement of Federal funds should be immediately reported to the Office of Inspector General (OIG), U.S. Department of Transportation, via the online hotline at https://www.oig.dot.gov/hotline, toll-free hotline at 800-424-9071, email at [email protected], or U.S. mail at DOT Inspector General, 1200 New Jersey Ave SE, West Bldg. 7th Floor, Washington, DC 20590. The hotline is open 24 hours per day, seven days per week.

II. SUBMISSION OF DBE INFORMATION AND ON-GOING REPORTING REQUIREMENTS (POST-AWARD) If there is a DBE goal and/or DBE commitment on the contract, Contractor must complete and submit the following information contained in the DBE exhibits (forms) electronically through a City-approved electronic reporting system consistent with Contractor DBE Goal Commitment within the specified timelines unless the City provides the Contractor a written waiver to submit this information in hard copy forms to the City:

A. Monthly DBE Subcontractor Commitment and Attainment Report Summary and Payment Verification The purpose for the Contractor to report this information is to ensure Contractor’s DBE commitments are attained, properly reported and credited in accordance with DBE crediting provisions based on the capacity the DBE performs the scope of work. This data further serves to collect DBE utilization data required under 49 CFR, Part 26.

Contractor must complete and report this data through the City’s electronic reporting system by the 15th of each month until completion of the contract. Reporting will initiate following the first month of contract activity. Even if no DBE participation will be reported within a period, Contractor must submit this report on a Monthly basis. Key monthly reporting elements will include:

1. Contractor Prompt Payment and Retention Verification Summary Contractor will be required to electronically report payment and retention data for each lower-tier subcontractor in which the Contractor has reflected a value paid within the reporting period (DBE and Non-DBE). The reporting summary will include the subcontractor’s Invoice Number, Invoice Amount, Invoice Date, and Date Paid. The corresponding Check Number, Retention, and Disputed Invoice Amount withheld or other key information shall be included in the notes.

When reporting the Contractor’s payments received, the Contractor’s Invoice Number should be included in the notes. The date of Invoice submission to City, and date and amount City paid on Contractor’s Invoice shall also be reported.

This reporting further serves to collect DBE utilization data required under 49 CFR, Part 26.

This data will assist the City in ensuring Contractor’s DBE commitments are attained, properly reported and credited in accordance with DBE crediting provisions based on the capacity the DBE performs the scope of work.

Contractor is advised not to report the participation of DBE(s) toward the Contractor’s DBE attainment until the amount being claimed has been paid to the DBE.

2. Contractor Assurance of Full Compliance with Prompt Payment Provisions When submitting electronic payment and retention information, Contractor shall review its payments to subcontractor to ensure compliance with prompt payment and retention requirements have been met for all subcontractors in accordance with regulatory mandates and as required by 49 CFR part 26.29.

Note: If Contractor submits subcontractor commitment and payment information required under item A. “Monthly DBE Subcontractor Commitment and Attainment Report Summary and Payment Verification” through the City-approved electronic reporting system, the hard copy reports under item A. are not required to be submitted. However, if Contractor is not reporting this information through the City-approved electronic system, the Contractor is required to seek a waiver to submit these hard copy reports.

B. DBE Subcontractor Agreements
Contractor must submit to City copies of executed subcontracts and/or purchase orders (PO) for all DBE firms participating on the contract within ten (10) working days of award. Contractormust immediately notify City in writing of any problems it may have in obtaining the subcontract agreements from listed DBE firms within the specified time.

C. Monthly DBE Trucking Verification” Form
Prior to the 15th of each month, Contractor must submit documentation on the "Monthly DBE Trucking Verification" Form to City showing the amount paid to DBE trucking companies.

Contractor must also obtain and submit documentation to City showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, Contractor may count only the fee or commission the DBE receives as a result of the lease arrangement.

Contractor must also obtain and submit documentation to City showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month.

D. Final Report-Utilization of Disadvantaged Business Enterprises (DBE) Upon completion of the contract, Contractor must complete and submit a "Final ReportUtilization of Disadvantaged Business Enterprises (DBE) Subcontractors" and certified correct by Contractor or Contractor’s authorized representative, to facilitate reporting and capturing actual DBE attainments at conclusion of the contract. To assist in the completion of this report, the Contractor may use the City-approved electronic reporting system to collect the total payments to DBEs. The report must be furnished to City within 30 days from the date of contract acceptance. The amount of 25% will be withheld from payments until a satisfactory report is submitted.

E. Disadvantaged Business (DBE) Certification Status Change If a DBE Subcontractor is decertified during the life of the project, the decertified Subcontractor must notify Contractor in writing with the date of decertification. If a Subcontractor becomes a certified DBE during the life of the project, the Subcontractor must notify Contractor in writing with the date of certification (Attach DBE certification/decertification letter). Contractor must furnish the written documentation to City.

Upon completion of the contract, the "Disadvantaged Business Enterprises (DBE) Certification Status Change" must be signed and certified as correct by Contractor indicating the DBEs' existing certification status. If there are no changes, indicate “No Changes”. The certified form must be furnished to the City–– within 90 days from the date of contract acceptance.

Failure to submit any of the required reporting submittals above and their support documentation in a timely manner shall result in a penalty of $10 per day, per report.

City requires Contractor to maintain records and documents of payments to lower-tiers, including DBEs, for a period of three (3) years from the date of final payment by City, unless otherwise provided by applicable record retention requirements for Contractor’s agreement, whichever is longer. These records will be made available for inspection upon request by any authorized representative of City. This reporting requirement extends to all lower-tiers, both DBE and non-DBE.

City reserves the right, at its sole discretion, to demonstrate responsiveness to the requirements of CFR 49 part 26.37 by implementing the following method(s):
a. Posting Contractor payments data to a website, database, or other place accessible to subcontractors to assist them in determining when they should expect to receive payment. b. Requiring contractors to use an automated reporting system, inclusive of but not limited to real time entry of payments made and received by contractors and their lower-tiers.

F. Prompt Payment
The City has adopted a prompt payment provision on all U.S. DOT-assisted contracts to facilitate timely payment to all subcontractors in accordance with regulatory mandates. The City will include the following clause in each DOT-assisted prime contract:

The prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contract receives from the City. The prime Contractor agrees further to return retainage payments to each subcontractor within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the City. Any delay or postponement of payment from the above referenced time frame may take place only for good cause and with the City’s prior written approval.

The Contractor shall incorporate this clause verbatim, set forth above, in all subcontract, broker, dealer, vendor, supplier or PO or other source agreements issued to both DBE and non-DBE firms. This clause applies to both DBE and non-DBE subcontractors.

Any violation of the provisions listed above shall subject the violating contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor; deficient subcontractor performance and/or noncompliance by a subcontractor.

Failure to comply with this provision without prior approval from the City will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, a penalty of two percent (2%) of the invoice amount due per month, for every month that full payment is not made.

G. Performance of DBE Subcontractors
The following requirements govern the performance of DBE subcontractors:
• DBEs listed by the Contractor in its “DBE Participation Commitment” Form submitted with the executed Contract documents shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization from the City to perform the work with other forces or to obtain the materials from other sources. • Contractor shall provide written notification to the City in a timely manner of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work.

H. DBE Running Tally of Payments
After submitting an invoice to the City that includes a payment to a DBE, and no later than the tenth day of the following month, Contractor shall complete and submit the Disadvantaged Business Enterprise Running Tally of Payments (Caltrans LAPM Exhibit 9-F) form to [email protected] with a copy provided to the City Project Manager. The form is available on the following website:
https://dot.ca.gov/programs/local-assistance/forms/localassistance-procedures-manual-forms. The City may impose penalties or withhold payments up to $10,000 each month under this Agreement if Contractor fails to submit the form on time.
[For projects awarded on or after September 1, 2023.]

PROMPT PAYMENT AND DBE RUNNING TALLY OF PAYMENTS
Contractor must submit Exhibit 9-P: Prompt Payment Certification to the City by the 15th of the month following the month of any payment(s). If Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers, Contractor must report “no payments were made to subcontractors this month” and write this visibly and legibly on Exhibit 9-P. A failure to complete the Prompt Pay reporting requirement may result in the withholding of Contractor’s next progress payment up to $10,000 each month and/or final payment. The City may issue a corrective action plan and/or may suspend the contract in whole or in part if Contractor does not make up the shortfall.

I. Addition of DBE Firms
In the event that the Contractor identifies additional DBE subcontractors or suppliers not previously identified for DBE participation under the Contract, Contractor shall notify the City by completing and submitting a “Request for Additional DBE Firm” form to enable the City to verify the firm's eligibility, capacity, commercially useful function (CUF) and ensure there is not a scope conflict with another listed firm. Proposed firms cannot be applied towards Contractor's DBE participation until approved by the City.

Additionally, each “Request for Additional DBE Firm” form must be accompanied by a written confirmation from the DBE acknowledging that it is participating in the Contract for a specified value, including the corresponding scope of work.

J. DBE Subcontractor Termination and Replacement and On-Going Good Faith Efforts Contractor cannot terminate or perform any work of a DBE listed on Exhibit 15-G: Construction Contract DBE Commitment. Neither can it substitute any work for a DBE subcontractor without the written consent of the City prior to any replacement taking place. Unless the City provides prior written consent, Contractor is not entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G. After affording the DBE due process, when Contractor receives written permission from the City to terminate it must then make adequate Good Faith Efforts (GFEs) for any necessary replacement of a DBE subcontractor to the extent needed to meet the DBE commitment.

Termination of DBE Subcontractors
Contractor must utilize the specific DBEs listed to perform the work and supply the materials for each item listed in the contract unless Contractor obtains written permission from the City. After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the City:
• The listed DBE subcontractor fails or refuses to execute a written contract. • The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards.
• The listed DBE subcontractor fails or refuses to meet the prime contractor's reasonable, nondiscriminatory bond requirements.
• The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness. • The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and 1200 or applicable state law.
• Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law or is not properly registered with the California Department of Industrial Relations as a public works contractor.
• The City has determined that the listed DBE subcontractor is not a responsible contractor. • The listed DBE subcontractor voluntarily withdraws from the project and provides you written notice of its withdrawal.
• The listed DBE is ineligible to receive DBE credit for the type of work required. • A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract.
• Other documented good cause that the City determines compels the termination of the DBE subcontractor.

To terminate a DBE or to terminate a portion of a DBE's work, Contractor must use the following procedures:

1. Send a written notice to the DBE of the contractor’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the City. The written notice to the DBE must request they provide any response within five (5) business days to both the contractor and the City by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, the contractor may move forward with the request as if the DBE had agreed to the contractor’s written notice.

3. Submit the DBE termination request by written letter to the City and include:
• One or more above listed justifiable reasons along with supporting documentation. • The contractor’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of the contractor’s written notice • The DBE's response to the contractor’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The City will respond in writing to Contractor’s DBE termination request within five (5) business days.

Replacement of DBE Subcontractors
After receiving written authorization of DBE termination request from the City, Contractor must obtain a written agreement from the City for DBE replacement. Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures must be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the City which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Quote for bid item work and description of work to be performed • Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Subcontracting Request form
• Revised Exhibit 15-G:Construction Contract DBE Commitment

2. If Contractor has not identified a DBE replacement firm, submit documentation of GFEs to use DBE replacement firms within seven (7) days of the City's authorization to terminate the DBE.

Contractor may request the City's approval to extend this submittal period to a total of 14 days.

Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work the contractor had intended to self-perform, to the extent needed to meet the DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as The City may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports the good faith effort The City will respond in writing to the contractor’s DBE replacement request within five (5) business days.

Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the City.

III. USE OF JOINT CHECKS
A joint check may be used between Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if Contractor obtains prior approval from the City for the proposed use of joint check upon submittal of the LAPM 9-K: DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form.

To use a joint check, the following conditions must be met:
• All parties, including the Contractor, must agree to the use of a joint check • Entity issuing the joint check acts solely to guarantee payment • DBE must release the check to the material supplier
• The City must authorize the request before implementation • Any party to the agreement must provide requested documentation within 10 days from when the City requested the documentation
• Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier A request for a joint check agreement may be initiated by any party. If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1). Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation. A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer’s representative, or other persons who arrange or expedite transactions.

IV. NON-COMPLIANCE AND ADMINISTRATIVE SANCTIONS
Contractor must fully comply with the DBE contract requirements, including City’s DBE Program and Title 49 CFR, Part 26 “Participation of Disadvantaged Businesses in Department of Transportation Financial Assistance Programs” and ensure that all Subcontractors regardless of tier are also fully compliant. Failure by Contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate, which may include, but is not limited to:

1. Suspension of progress payments to the Contractor or of any monies held by the City as retention on the contract until the Contractor is brought into compliance;

2. A 2% withhold of applicable progress payments until the Contractor is brought into compliance; and/or

3. Termination of the contract in part or in whole.

In instances of identified non-compliance, a Cure Notice will be issued to Contractor identifying the DBE non-compliance matter(s) and specifying the required course of action for remedy.

Contractor must be given ten (10) working days from the date of the Cure Notice to remedy or to (1) File a written appeal accompanied with supporting documentation and/or (2) Request a hearing with City to reconsider City’s DBE determination. Failure to respond within the ten (10) working day period must constitute a waiver of Contractor's right to appeal. If Contractor files an appeal, City, must issue a written determination and/or set a hearing date within ten (10) working days of receipt of the written appeal, as applicable. A final Determination will be issued within ten (10) working days after the hearing, as applicable.

If, after review of Contractor's appeal, City decides to uphold the decision to impose DBE administrative remedies on Contractor, the written determination must state the specific remedy(ies) to be imposed.

Failure to comply with the Cure Notice and/or to remedy the identified DBE non-compliance matter(s) is a material breach of contract and is subject to administrative remedies, including, withholding at minimum of two percent (2%) of the invoice amount due per month for every month that the identified non-compliance matter(s) is not remedied. Upon satisfactory compliance City will release all withholdings.

In addition to administrative remedies defined in this section, City is not precluded from invoking other contractual and/or legal remedies available under federal, state or local laws.

V. PROMPT PAYMENT FROM THE CITY TO CONTRACTOR
The City shall make all project progress payments within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the City fails to pay promptly, the City shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary.

Upon receipt of the payment request, the City shall act in accordance with both of the following:

1. Review each payment request as soon as feasible after receipt to verify it is a proper payment request.

2. Return any payment request deemed improper by the City to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

VI. DISPUTE RESOLUTION
All contracts shall contain provisions or conditions which will allow for dispute resolution remedies in instances where Contractor violates or breaches DBE Program requirements, inclusive but not limited to prompt payment, and provide for such sanctions and penalties as may be appropriate.

Contractor shall incorporate this Section into each subcontract related to work arising under this contract and shall not incorporate by reference.

Contractor and Subcontractor agree to notify City within five (5) business days of any prompt payment and/or DBE Program disputes which cannot be settled by discussions between the parties involved.

Contractor and Subcontractor further agree to proceed through informal meetings, mediation, arbitration, or any combination thereof as further detailed below. Dispute submittals shall include the method(s) of dispute resolution selected, terms, timeframes and a detailed summary of assistance being requested (as applicable).

I. INFORMAL MEETINGS:

The City is available to assist the prime with coordination of informal meeting requests, to assist in the resolution of disputes between Contractor and Subcontractor. City’s DBELO or a designated DBE support representative will conduct the informal meetings with parties in dispute. Representatives from the Contractor and Subcontractor, for the purpose of dispute resolution, must include individuals authorized to bind each interested party. All parties must agree to the procedure.

II. MEDIATION
The parties to a contract may agree to endeavor to settle a dispute through informal mediation under independent third-party organizations. City’s DBELO and designated support staff is considered an independent third party. Submission to informal mediation is voluntary; is not binding and offers advisory opinions.

Performance during dispute: Unless otherwise directed by the City, Contractor and its subcontractor tiers shall continue performance under the Contract while matters in dispute are being resolved.

III. ARBITRATION
Should the parties fail to resolve any DBE related dispute arising out of or related to the contract via informal meetings or mediation, the parties are contractually obligated to submit the claims for arbitration within 120 days from date the City is notified of the dispute. Arbitration conducted pursuant to the contract shall be binding upon all parties to the arbitration, however, the findings do not in any way relieve the Contractor of its obligation to meet a DBE goal. All arbitration is to be conducted in a manner consistent with section 1020 et seq. of the Public Contract Code and Section 1296 of Code of Civil Procedure.

Flow down requirements: The Dispute Resolution provisions flow down to all tiers.

These provisions shall not apply to disputes between the Contractor and City. These provisions do not alter in any way or waive compliance with other provisions in the contract agreement.

LABOR AND MATERIALS BOND
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
KNOW ALL PERSONS BY THESE PRESENTS that .,
as CONTRACTOR AND , as SURETY, are
held and firmly bound unto the City of Santa Clarita, as CITY, in the penal sum of dollars ($ ), which
is one-hundred (100%) percent of the total amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with CITY for the above-stated project, if CONTRACTOR or any subcontractorfailsto pay for any labor or material of any kind used in the performance ofthe work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.

IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of _____________________________________, 20___.

CONTRACTOR: __
Name and Title of Signatory Signature

_________________________________ ________________ ________ Legal Name of Bidder
_______________________________ __________ ________________ Bidder Address
_________ _____________ __________ ___________
Telephone Number Federal Tax I.D. No.

SURETY*: ______________________________________ ___________________ Name

_____________________________ ____________________________ Phone Number and Email
_______________________________________ __________________ Address
Surety signatures must be notarized prior to submittal.

FAITHFUL PERFORMANCE BOND
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
KNOW ALL MEN BY THESE PRESENTS that _______________________________________, as CONTRACTOR, AND __________________________________________________, as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of __________________________________________________ dollars ($___________), which is one-hundred (100%) percent of the total amount for the above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

For service contracts of a continuing nature, the bond shall be in the amount equal to the amount of the initial contract term. Thereafter, the bond shall be in an amount equal to the annual value of such contract. The term of the bond shall cover the initial contract term. Thereafter, CONTRACTOR and SURETY must submit a new or renewed bond covering each subsequent annual renewal of the contract.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of _____________________________________, 20___.

CONTRACTOR: __
Name and Title of Signatory Signature

_________________________________ ________________ ________ Legal Name of Bidder
_______________________________ __________ ________________ Bidder Address
_________ _____________ __________ ___________
Telephone Number Federal Tax I.D. No.

SURETY*: ______________________________________ ___________________ Name

_____________________________ ____________________________ Phone Number and Email
_______________________________________ __________________ Address
Surety signatures must be notarized prior to submittal.

Fringe Benefit Statement
Contract/Proposal No: Project Name: Date:

INSTRUCTIONS: Fringe Benefit rates can be used for checking payrolls or applied to Force Account work which may be done on the above contract the hourly rates for fringe benefits, subsistence and/or travel allowance payment (as required by collective bargaining agreements) made for employees on the various classes of work are tabulated below.

THIS DOCUMENT CONTAINS PERSONAL INFORMATION AND, PURSUANT TO CIVIL CODE 1796.21, IT SHALL BE KEPT CONFIDENTIAL IN ORDER TO PROTECT AGAINST UNAUTHORIZED DISCLOSURE.

Classification: Effective Date: Subsistence or Travel Pay:

Health and Welfare
$
Trust Fund Paid to:(Name)
Address:

Pension
$
Trust Fund Paid To:(Name)
Address:

Vacation/Holiday
$
Trust Fund Paid to:(Name)
Address:

Training
$
Trust Fund Paid To:(Name)
Address:

Other
$
Trust Fund Paid To:(Name)
Address:

Classification: Effective Date: Subsistence or Travel Pay:

Health and Welfare
$
Trust Fund Paid to:(Name)
Address:

Pension
$
Trust Fund Paid To:(Name)
Address:

Vacation/Holiday
$
Trust Fund Paid to:(Name)
Address:

Training
$
Trust Fund Paid To:(Name)
Address:

Other
$
Trust Fund Paid To:(Name)
Address:

Classification: Effective Date: Subsistence or Travel Pay:

Health and Welfare
$
Trust Fund Paid to:(Name)
Address:

Pension
$
Trust Fund Paid To:(Name)
Address:

Vacation/Holiday
$
Trust Fund Paid to:(Name)
Address:

Training
$
Trust Fund Paid To:(Name)
Address:

Other
$
Trust Fund Paid To:(Name)
Address:

Supplemental statement must be submitted during the progress of work should a change in rate of any of the classifications be made.

I CERTIFY THAT THE FRINGE BENEFIT PAYMENTS ARE MADE TO THE APPROVED PLANS, FUND OR PROGRAMS LISTED ABOVE City of Santa Clarita Form HC-50 FBS
(Contractor/Subcontractor) By (Name and Title) eSignature

SECTION F
Project Requirements & Specifications

PROJECT REQUIREMENTS
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
Contractor shall provide all labor, materials, tools, equipment and vehicles to perform services located at the following location:

City of Santa Clarita
McBean Regional Transit Center
24375 Valencia Blvd
Santa Clarita, CA 91355

PERFORMANCE REQUIREMENTS

1. The Contractor is responsible for final field investigations, measurements, and construction area management at the McBean Regional Transit Center.

2. There will be a non-mandatory pre-bid meeting and job walk to discuss the required scope of work at the McBean Regional Transit Center, 24375 Valencia Boulevard, Santa Clarita, CA 91355.

Attendance at the optional pre-bid meeting is highly recommended and encouraged in order to review the construction site for constraints and conflicts. Conflicts include, but are not limited to: The McBean Regional Transit Center operates approximately from 4:00 a.m. to 11:00 p.m. and there is foot traffic in parking lot and bus platforms, there is also vehicles and buses coming and going during these hours.

3. See detailed Scope of Work in Section B.

GENERAL REQUIREMENTS

1. The Contractor shall perform all work related to this job during weekdays, which is Mondaythrough-Friday, unless there is a City-observed holiday. Work hours shall be between 7:00 a.m. to 7:00 p.m. Monday to Friday. No work shall take place during inclement weather or when weather conditions may impact or reduce the quality of the project.

2. Provide five (5) year parts warranty on all hardware.

3. Contractor must ensure all precautions for public safety are implemented. Any materials or conditions that could inflict injury shall be addressed immediately.

4. All contractor vehicles parked on site shall be secure at all times. The City assumes no responsibility to loss or damage of vehicles or equipment left onsite.

5. Contractor shall furnish, install, and maintain all signage, warning devices, barricades, cones, etc. to protect the public, facility employees, and its own workers during the performance of this contract. City Facilities Staff will work with the contractor to determine how and when barricades, warning signs, and work schedule notifications are to be implemented, during the entire duration of the project.

6. All tools and materials shall remain in Contractor’s possession at all times.

7. Contractor shall meet all insurance requirements to perform work at the McBean Regional Transit Center throughout the duration of this contract.

8. Contractor shall dispose of all removed material and non-used material in accordance with Local, State and Federal regulations, doing best management practices for waste recycling and disposal

PROJECT SPECIFICATIONS
Bid #TRT-25-26-05REBID
McBean Regional Transit Center Lighting Control System REBID City of Santa Clarita, California
The City conducts all Public Works Projects based upon the Standard Specifications for Public Works Construction [SSPWC], known as the Greenbook, edition 2018.

SECTION 2 - SCOPE OF WORK
2-1 WORK TO BE DONE The estimated quantities of work and materials to be performed, constructed or furnished by the Contractor under this Contract are as shown on the Bid Schedule. 2-1.1 PROJECT CONSTRAINTS The project contains a number of conditions/ factors that may constrain the Contractor’s work. These conditions include, but are not limited to: Working around scheduled events at the McBean Regional Transit Center; City-observed holidays [listed in 6-2 Prosecution of The Work]

2.7 CHANGES INITIATED BY THE AGENCY

2.7-1 GENERAL
The Project Manager may at any time, as the need arises, order changes within the scope of the Work without invalidating the Agreement. If such changes increase or decrease the Contract Price, or the Contract Time, an equitable adjustment will be authorized by issuance of a Change Order. The CONTRACTOR shall not execute such changes pending the receipt of an executed Change Order or further instructions from the Engineer.

Each Change Order shall not be considered approved until executed by the AGENCY.

The Project Manager may, at any time, request changes to the Plans, Specifications, quantities of Contract Unit Price Bid items, and other details of the Work by issuance of a Field Order. The CONTRACTOR shall proceed with the performance of any changes in the Work so ordered by the Project Manager unless the CONTRACTOR believes that such Field Order entitles it to a change in the Contract Time. Thereafter the CONTRACTOR shall submit the basis for a change in the Contract Time within 5 Days.

The Project Manager has authority to order changes in the Work, which do not result in a change in the Contract Price or the Contract Time and are not inconsistent with the Contract Documents. The Contractor agrees that such changes are within the scope of the Work and do not constitute the basis for an adjustment of either the Contract Price or the Contract Time.

SECTION 3 - CONTROL OF THE WORK
3-7 CONTRACT DOCUMENTS (see attached)
3-7.1 GENERAL
The Contractor shall examine and compare the Contract Documents with each other and with the other information made available to the CONTRACTOR by the AGENCY and shall immediately notify the PROJECT MANAGER of any errors, inconsistencies, or omissions discovered. If the CONTRACTOR performs any construction activity knowing it involves a recognized error, inconsistency, or omission in the Contract Documents without notice to the PROJECT MANAGER, the CONTRACTOR shall assume responsibility for such performance and for the full costs for correction.

The CONTRACTOR shall perform field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to the CONTRACTOR with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the PROJECT MANAGER immediately.

If discrepancies are discovered between the drawings and specifications, and no specific interpretation is issued prior to bidding, the decision regarding this interpretation shall rest with the AGENCY. The Contractor shall be compelled to act on the AGENCY decision as directed. In the event the installation is not in compliance with the direction of the AGENCY, the installation shall be corrected by and at the expense of the Contractor at no additional cost to the City. 3-15 NONCOMPLIANCE WITH THE PLANS AND SPECIFICATIONS
Failure of the Contractor to comply with any requirement of the Plans and Specifications, and to immediately remedy any such noncompliance upon notice from the Engineer, may result in suspension of Contract progress payments on all items of work. Any progress payments so suspended shall remain in suspension until the Contractor's operations are brought into compliance to the satisfaction of the Engineer. Upon determination by the Engineer that the Contractor is in compliance, progress payments will resume for those items of work which have been constructed in conformance with the Plans and the Specifications. No additional compensation shall be due the Contractor as a result of the suspension of progress payments due to noncompliance with the Plans and Specifications.
3-16 CONTRACT RECORD DOCUMENTS
3-16.1 Close-Out Submittals and Activities
Prior to final payment being made, the Contractor shall complete the following list of submittals and activities:
a) Submission of a completed list of deficiencies (“punch list”) approved by the Project Manager b) Plans /Record Drawings
c) All Labor Compliance Forms and approved CPR’s
d) Operations and Maintenance Manuals
e) Warranties
f) Completion of required training
g) Removal of all construction area signs and USA markings SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.2 COMMENCEMENT OF THE WORK
The City will Issue a Notice To Proceed with Construction [NTP-2] after the Contractor has successfully entered into a contract with the City. Upon issuing the NTP-2 therein will be the Pre-construction Meeting schedule where the Construction Schedule will be presented by the Contractor to the Project Manager for review and approval. This project must begin and conclude within a time frame of one (1) week.
6-1.2.2 PRE-CONSTRUCTION MEETING
The Agency will conduct a Pre-Construction Meeting at (the McBean Regional Transit Center, 24375 Valencia Boulevard, Santa Clarita, CA 91355, prior to the start of the Work. The Engineer will distribute a notice of this meeting, along with an agenda of the subjects to be addressed at least 4 Days prior to the meeting. The Contractor’s Representative shall be present at the meeting.

The following is a typical agenda:
1) The PROJECT MANAGER will discuss procedures for Submittals, and Change Orders. 2) The PROJECT MANAGER will discuss monthly progress payment application and establish the estimate cutoff date and discuss partial and final payments. 3) The PROJECT MANAGER will discuss the City’s Construction & Demolition Materials Management Plan.
4) The ENGINEER will discuss the Notice to Proceed and the CONTRACTOR’s responsibility to obtain permit(s) from the City and other entities, if required, prior to beginning work.
5) The CONTRACTOR will introduce the CONTRACTOR’s representatives, briefly describe each person’s responsibilities, and provide emergency contact information. 6) The CONTRACTOR will distribute a list of all Subcontractors and suppliers and discuss sequence of and coordination of critical work and long lead procurement items. 7) The CONTRACTOR will define and discuss arrangements for safety, first aid, emergency actions and security.

Those attending the meeting shall include, but not be limited to the following:
a) The Contractor’s Representative.
b) A representative of each listed Subcontractor.
c) A finance representative or certified payroll designee from the Contractor and each Subcontractor for labor compliance requirements.
d) City Staff.
e) Affected utility company representatives.

Any explanations provided by the City Project Manager at this meeting do not amend, supersede or alter terms or meaning of any Contract Document and the CONTRACTOR shall not claim reliance on such explanations as a defense to any breach or failure by the CONTRACTOR to perform as specified in the Contract.
6-2 PROSECUTION OF THE WORK
6-2.1 GENERAL
The CONTRACTOR's activities shall be confined to the hours between 7:00 a.m. to 5:00 p.m. Monday to Friday or unless other time arrangements made by City Project Manager and Contractor. In addition, no work shall be performed without the City receiving 72 hours’ notice or on the following AGENCY-designated holidays unless otherwise shown on the approved project plans or approved by the Engineer.

Days designated as holidays by the CITY are listed in Table 1 below.

TABLE 1-CITY-DESIGNATED HOLIDAYS (based on 2025 – 2026 construction) HOLIDAY 2026
New Year’s Day 1/1/26
Martin Luther King Day 1/19/26
President’s Day 2/16/26
Memorial Day 5/25/26
Juneteenth 6/19/26
Independence Day 7/4/26
Labor Day 9/7/26
Columbus Day 10/12/26
Veteran’s Day 11/11/26
Thanksgiving Day 11/26/26
Day after Thanksgiving 11/27/26
Christmas Eve 12/24/26
Christmas Day 12/25/26
New Year’s Eve 12/31/26
Deviations from these restrictions will not be permitted without the prior consent of the PROJECT MANAGER, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the CONTRACTOR. Service fees will be calculated at overtime rates including benefits, overhead, and travel time; and will be deducted from the amounts due the CONTRACTOR.

Failure of the CONTRACTOR to adhere to these restrictions will result in damages being sustained by the CITY. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each occurrence of a working day or hours violation, as provided herein, the CONTRACTOR shall pay to the CITY, or have withheld from monies due to it, the sum of $1,000, unless otherwise provided in the specifications.
6-3 TIME OF COMPLETION
6-3.1 GENERAL
Time is of the essence in the performance of the Work. The Contractor shall complete the Work for Part 2 Notice to Proceed within 5 Working Days.
6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 GENERAL
No extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor obtains from the supplier and furnishes to the Project Manager documentary proof that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather necessitating the cessation of work, or other similar action of the elements.

SECTION 7 – PAYMENT
7-2 LUMP SUM WORK.

The Contractor shall submit, a detailed schedule to be used only as a basis for determining progress payments for lump sum Bid Items.
7-3 PAYMENT.

No payment will be made for work which is not in conformance with the requirements of the Contract Documents nor for work performed outside the limits of the Work as shown on the Plans or otherwise approved by the Project Manager.

Payments will be made upon submittal of invoice and within the Finance division’s payment schedule, which is monthly.

Once all the close out documents are received, the Notice Of Completion (NOC) is filed.

SECTION G
McBean Regional Transit Center – Electrical Plans

SECTION G
McBean Regional Transit Center – Electrical Plans

SECTION G
McBean Regional Transit Center –
Electrical Plans & Project Construction Plans - Park and Ride TITLE SHEET E-1 07/23/2012 FRG CYK FRG ELECTRICAL SINGLE LUMINAIRE POLE LIGHT ASSEMBLY WPGFI EM 18" OR AS NOTED """""" SS " J D A21 FIXTURE TYPE LIGHT FIXTURE CIRCUIT NO. SWITCH 1-POLE 3 OR 4 WAY SWITCH. 0R4 2 - POLE SWITCH SWITCH & RECEPTACLE SWITCH & PILOT KEY SWITCH S 3 2 KS S S S S 48" OR AS NOTED """""" UTILITY CO. CONTACT DOUBLE LUMINAIRE POLE LIGHT ASSEMBLY " ADDENDUM NO. 2 MCBEAN REGIONAL TRANSIT CENTER PARK AND RIDE (T1012)

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xx 4 3 4 1 1 1 1 1 1 1 2 1 1 1 1 1 4 3 4 4 3 44 3 4 4 3 4 43 4 1 1 1 1 5 DEMOLITION PLAN ELECTRICAL SITE E-2 07/23/2012 FRG CYK FRG NORTH 12345 MCBEAN REGIONAL TRANSIT CENTER PARK AND RIDE (T1012)

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O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
SD
SD
SD
O
O
O
O
O
O
O
O
O
O
O
O
O
O
W
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G

G E E E E E E E E E E E UT UT UT UT UT UT UT
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xx PLAN ELECTRICAL SITE E-3 07/23/2012 FRG CYK FRG NORTH ADDENDUM NO. 2 RE-ALIGMENT OF POLES ADDITIONAL CCTV CABLING MCBEAN REGIONAL TRANSIT CENTER PARK AND RIDE (T1012) 07/23/2012 FRG CYK FRG PHOTOMETRIC PLAN SITE LIGHTING E-4 Luminaire Schedule Symbol Qty Label Arrangement Total Lamp Lumens LLF Description 27 P1 SINGLE N.A. 0.900 Sternberg // A850SRLED 6ARC45T3 (8-20007 6-20028) 96 WATTS 19 P2 BACK-BACK N.A. 0.900 Sternberg // 2 - A850SRLED 6ARC45T3 (8-20007 6-20028) 96 WA 22 C1 SINGLE N.A. 0.900 BETA LED // CAN-EDG-5M--12-C-12-43K (350mA) 137 WATTS NORTH Calculation Summary Label CalcType Units Avg Max Min Avg/Min Max/Min Ground Level Illuminance Fc 1.19 4.9 0.0 N.A. N.A. StatArea Illuminance Fc 1.38 2.9 0.5 2.76 5.80 RE-ALIGMENT OF POLES MCBEAN REGIONAL TRANSIT CENTER PARK AND RIDE (T1012) ELECT. RM.

LV LV LV LV LV
LV LV LV ~ 1 1/4"C. (FUTURE) 2 1/2"C. (CCTV) 2 1/2"C. (CCTV) 2" C. (P.V.) 1"C. (SITE LTG. EAST) 1"C. (SIGN CKT.) 1"C. (FUTURE TICKETING) 1"C. (FUTURE SCULPTURE LTG.) 1 1/4"C. (FUTURE POWER) 1 1/4"C. (CANOPY CKTS.) 1 1/2"C. (SITE LTG. WEST) ELEC. ROOM DOOR WAY “,168/$7('3,3( SAW-CUT & REMOVE STEM WALL TO RUN CONDUITS. RE-POURSTEM WALL AS DIRECTED BY STRUCTURAL ENGINEER (WATERPROOF AS NECESSARY) LOW VOLTAGE CONDUITS POWER CONDUITS EXISTING (2) 2" C. (FUTURE USE) (2) 2"C. (FUTURE POWER) ELECTRICAL PLAN ENLARGED E-5 07/23/2012 FRG CYK FRG N N N ADDENDUM NO. 2 MCBEAN REGIONAL TRANSIT CENTER PARK AND RIDE (T1012) ELECTRICAL DETAILS E-6 07/23/2012 FRG CYK FRG ADDENDUM NO. 2 ADDITIONAL CCTV CABLING MCBEAN REGIONAL TRANSIT CENTER PARK AND RIDE (T1012) SINGLE LINE DIAGRAM E-7 07/23/2012 FRG CYK FRG MAIN 3P 400A/T MAIN SWITCHBOARD "MSA" EXISTING GROUND (EXISTING) N 9‘:$03%86 NOT TO SCALE EXISTING SINGLE-LINE DIAGRAM NEW 200A/T 3P(65KAIC) AND PANEL SCHEDULES NOT TO SCALE EXISTING SERVICE ELEVATION "MSA" (E) UNDERGROUND FEEDFROM S.C.E. SERVICE TRANSFORMER #349M-007017 (E) METER SCE #349M-007017 MCBEAN REGIONAL TRANSIT CENTER PARK AND RIDE (T1012) (OUTDOOR) E-8 07/23/2012 FRG CYK FRG TITLE 24 MCBEAN REGIONAL TRANSIT CENTER PARK AND RIDE (T1012) LIGHTING CONTROL E-9 07/23/2012 FRG CYK FRG DIAGRAMS AND DETAILS RIALTO (VIR009-20) WITH DIMMING WIRING TO LOADS FEEDWIRING TO LOADS FEED FEED RIALTO (VIR009-10) WITH DIMMING RIALTO (VIR009-20)RIALTO (VIR009-10) FEED

WIRING TO LOADS
POLE LIGHT 'P2' - DUAL LOAD WIRING DIAGRAM (WITH 0-10V. DIMMING) DUAL LOAD NODE SINGLE LOAD NODE DUAL LOAD NODE SINGLE LOAD NODE POLE LIGHT 'P1' - SINGLE LOAD WIRING DIAGRAM (WITH 0-10V. DIMMING) RF "ZIGBEE' COMMUNICATION TO RIALTOS, ANTENNA MUST BE EXTERNALLY MOUNTED AND ALIGNED VERTICALLY VENTURA120V QUAD OUTLET DUAL LOAD WIRING DIAGRAM SINGLE LOAD WIRING DIAGRAM B-6 WIRING TO LOADS EAST CANOPY L.E.D. LIGHTS EAST CANOPY L.E.D. LIGHTS B-7 EAST CANOPY L.E.D. LIGHTS B-10 CANOPY #1 RECEPTACLE C-10 CANOPY #2 RECEPTACLE C-12 CANOPY #3 RECEPTACLE C-14 CANOPY #4 RECEPTACLE C-16 EAST CANOPY L.E.D. LIGHTS A-17 EAST CANOPY L.E.D. LIGHTS A-18 EAST CANOPY L.E.D. LIGHTS A-25 GROUND BAR KIT WITH 12 TERMINALS (#12 - #4) C-24 (120V.) 30A-3-POLE LIGHTING CONTACTOR WITH 120V. COIL (TYPICAL) WALL SIGN LTS.

DUAL NODE
(WEST CANOPY
RECPTS. &

EAST CANOPY
LTS. VIRTICUS LIGHTING CONTROL SYSTEM OR APPROVED EQUAL. 16" X 32" X 6", NEMA-1 ENCLOSURE WITH HINGED LOCKABLE DOOR CABINET TO HOUSE LIGHTING CONTACTORS AND NODES. NOTE: THE CABINET SHALL BE PROVIDED COMPLETE WITH ALL DEVICES & ELECTRICAL COMPONENENTS AS ONE ASSEMBLY BY THE LIGHTING CONTROL MANUFACTURER. C-2,4 (208V.) VIR009-10
VIR009-10
VIR009-20
(208V.) DRIVER)
(DIMMABLE
(208V.) DRIVER)
(DIMMABLE
(120 OR 208V.) (120 OR 208V.)

WEST CANOPY
LIGHTS
C-17 (120V.) WEST CANOPY LIGHTS WALL SIGN LIGHTS NOTE: CONTRACTOR SHALL REMOVE EXISTING CIRCUITS FROM EXISTING LIGHTING CONTROLS AND RECONNECT EXISTING CIRCUITS TO NEW LIGHTING CONTROLS AS INDICATED 'C1' 'C2' 'C3' 'C4' VIRTICUS LIGHTING CONTROL SYSTEM OR APPROVED EQUAL. 16" X 24" X 6", NEMA-1 ENCLOSURE WITH HINGED LOCKABLE DOOR CABINET TO HOUSE LIGHTING CONTROLS. NOTE: THE CABINET SHALL BE PROVIDED COMPLETE WITH ALL DEVICES & ELECTRICAL COMPONENENTS AS ONE ASSEMBLY BY THE LIGHTING CONTROL MANUFACTURER. GENERAL NOTES: A. PROVIDE LINE VOLTAGE WIRING IN CONDUIT AS REQUIRED. B. PROVIDE 3/4" CONDUIT WITH CONTROL WIRES FOR PHOTOCELL ON ROOF. LOCATE PHOTOCELL ON ROOF AS DIRECTED BY MANUFACTURER. C. PROVIDE THE REQUIRED HARDWARE, WIRING, LOW VOLTAGE CONNECTIONS, SUPPORTS, BACK BOXES AND POWER AS DIRECTED BY CONTROLS MANUFACTURER. D. PROVIDE PROGRAMMING AND COMMISSIONING FOR THE LIGHTING CONTROL SYSTEMS. E. COORDINATE THE LIGHTING SYSTEM AND OBTAIN FINAL LAYOUT (SHOP DRAWING) FROM LIGHTING CONTROL SYSTEM MANUFACTURER PRIOR TO BID.

VIR009-11
COAXIAL CABLE (RP-SMA) C-24DSL MODEM
PHOTOCELL PROVIDE PHOTOCELL ON ROOF 3/4"C.-3#12 3/4"C. WITH CAT-6 TO DSL MODEM NOTES: 1. CONTRACTOR SHALL COORDINATE AND PROVIDE THE LIGHTING CONTROL SYSTEM SCHEDULE WITH THE CITY PROJECT MANAGER, JAMES TONG (661) 255-4366 FOR FACTORY PROGRAMMING. 2. ONCE THE LIGHTING SYSTEM IS OPERATIONAL, THE CONTRACTOR SHALL PERFORM A LIGHTING DEMONSTRATION TEST TO THE CITY AT NIGHT TIME AS FOLLOW: x DEMONSTRATE EACH GROUP PROGRAM INDIVIDUALLY x DEMONSTRATE DIMMING PROGRAM PERFORMANCE FOR EACH GROUP x DEMONSTRATE THE COMPLETE LIGHTING SYSTEM PROGRAM IN ITS ENTIRETY (NO DIMMING) x DEMONSTRATE THE COMPLETE LIGHTING SYSTEM PROGRAM IN ITS ENTIRETY WITH DIMMING. 3. AFTER THE DEMONSTRATION TEST, THE CONTRACTOR SHALL MAKE THE NECESSARY PROGRAMMING ADJUSTMENTS AND PERFORM A FINAL TEST FOR CITY'S FINAL APPROVAL. 4. PROVIDE COMMISSIONING FOR THE LIGHTING CONTROL SYSTEM.

N49
N48
N47ab a b MCBEAN REGIONAL TRANSIT CENTER PARK AND RIDE (T1012)

0 SCALE:
20' 40' 80'
1" = 40'

N MCBEAN REGIONAL TRANSIT CENTER
PARK AND RIDE (T1012)

BID SET FOR CONSTRUCTION
CUT AND FILL MAP C-4
7/23/2012EAEAJF
LEGEND

LIMITS OF CONSTRUCTION

CUT/FILL LINEOVER-EXCAVATION FOR FILL SECTIONOVER-EXCAVATION FOR STRUCTURE LIMITSCUT AREAS

EARTHWORK QUANTITIES
UNCLASSIFIED EXCAVATION 17,000 CY
IMPORTED BORROW 7,700 CY

OVER-EXCAVATION FOR
FILL SECTION 300 CY
OVER-EXCAVATION FORSTRUCTURES 1,100 CY
NOTE1. QUANTITIES LISTED ABOVE REPRESENT THE
ROUGH GRADING EARTHWORK QUANTITIES.

QUANTITIES SHOWN DO NOT INCLUDE MATERIALS

SUCH AS AGGREGATE BASE, ASPHALT PAVEMENT,
PERVIOUS CONCRETE, OR OTHER MATERIALS TOBRING THE PROJECT UP TO THE FINAL GRADE.

2. CUT/FILL ELEVATIONS DO NOT ACCOUNT FOR
IMPORTED BORROW SHOWN ON SHEET C-2

3. UNCLASSIFIED EXCAVATION INCLUDES 3500 CY OF
STOCKPILED IMPORTED MATERIAL SHOWN ONSHEET C-2

4. IMPORTED BORROW IS ADJUSTED FOR 3500 CY OF
ALREADY STOCKPILED MATERIAL.

EARTHWORK FACTORS
SUBSIDENCE = 0.2'SHRINKAGE = 15%
2 ADDENDUM NO. 2
SEE NOTE 4
3 CHANGE NOTICE #1
3 3

EXHIBIT A
Attachments A, B & CDMMP Form

Construction and Demolition Materials
(wood, metal, drywall, carpet, cardboard, roofing, etc.) Est. Qty.
(tons)
Franchised Hauler/ Self Haul
(Required)
Total
Inert Materials/ Land Clearing Debris
(concrete, sand, dirt, rock, gravel, clean fill, trees, stumps, etc.) Est. Qty.
(tons)
Franchised Hauler/ Self Haul/ Reuse
(Required)
Total
Project Name:

Project Address:

Permit (BLD#, ENC#, ETC.):

Project Valuation:

SQFT Added (if Applicable):

Estimated Start Date:

Estimated Completion Date:

Company Name:

Phone:

Email:

Job Site Contact:

Phone:

Email:

City Staff Project Manager:

Name:

Project Information Contact Information

CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT PLAN FORM City Projects Only
Please fill out this form in its entirety and return to The City of Santa Clarita’s Environmental Services Department.

Completion of this form and confirmation of approval from the City is required before any work can be performed.

For questions, please contact the Environmental Services Division at (661) 286-4098.

America’s Bin Company (888) 500-9007 8832 Bradley Ave, Sun Valley American Reclamation (888) 999-9330 4560 Doran St, Los Angeles Athens Services (888) 274-2074 9189 DeGarmo Ave, Sun Valley Burrtec Waste Industries (661) 222-2249 26000 Springbrook Ave, Ste 101, Santa Clarita Consolidated Disposal Service,
LLC DBA Republic Services
(562) 360-3932 9200 Glenoaks Blvd, Sun Valley
Rent-A-Bin (818) 709-5599 20833 Santa Clara St, Santa Clarita Triscenic Production Services,
Inc
(818) 367-0243 27615 Ave Hopkins, Santa Clarita
Waste Management (WM) (661) 259-2398 25772 Springbrook Ave, Santa Clarita

For Film and Television Production Services Only
Reel Waste (877) 588-7335 or (818) 361-2200 550 Glenoaks Blvd, San Fernando The City of Santa Clarita's Construction & Demolition Recycling Ordinance (05-09) requires all demolition projects, all commercial construction projects, all new construction or additions over 1,000 square feet and all tenant improvements, alterations or other construction valued over $200,000, to recycle a minimum of 65 percent (65%) of all materials. It is the responsibility of the applicant to ensure the recycling requirements are met by working closely with the approved waste hauler(s). Applicant must keep records from all waste hauler(s), weight tickets from the C&D recycling centers/landfills for all aspects of the project including construction, demolition and subcontractor activities. These records will be necessary to prove your recycling tonnages and will be required to have your retention released at the end of the project. Failure to comply with this requirement may result in a forfeiture of retention funds for non-compliance.

City of Santa Clarita Franchised Haulers
All temporary bin and roll-off box services in the City of Santa Clarita are franchised by the following companies. General contractors who subcontract services shall ensure all subcontractors are either using a City franchised hauler or are eligible to self-haul. Records of all contractor and subcontractor activities are required to be maintained for project closeout.

If you are not self-hauling, you must use one of the haulers listed below:

Self-Haul
Contractors and sub contactors may self-haul their own construction and demolition materials only if they possess a valid California contractor's license for their scope of work. For example, in order for a framing contractor to self-haul, the framing contractor shall be licensed with the California State Licensing Board (CSLB) to conduct framing services and can only haul materials attributed to their specific trade and may not offer hauling services to other unrelated trades.

Completion of a self-hauler verification form is requested for project closeout.

Initial ____________
By signing below, you are certifying you have read and understand this requirement:

Signature _____________________________________________ Date _____________________ Learn more by visiting city.sc/cdmpp or by scanning the QR code on the right.

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