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HomeMy WebLinkAbout4-Con Engineering, Inc. - 2004-09-07- r RECEIVED Bi�/ Y �.-►�� (Name)/ (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION La TO: Shari Freidenrich, City Treasurer FROM: � U DATE: SUBJECT: Bond Acceptance I have received the bonds for —46 0"i (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. r, Re: Tract No. CC No. MSC No. Approved [L / - i r ((!CO u/►cil/Approva`I Date) Agenda Item No. City Clerk Vault #27 g./followup/bondletfer.doc V - [��� +� City 9 of Huntington Beach OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Joseph Dale, Contract Administrator DATE: April 10, 2006 SUBJECT: Retention Release Payment Company Name: 4-Con Engineering, Inc. Address: P.O. Box 2217 City, State and Zip Code: Fontana, CA 92334-2217 Phone Number: (951) 222-2241 Business License Number: A, B, 74884 Local Address: N/A Notice of Completion Date: In Progress Contract Purpose: Retention Release for Cash Contract 1245, Civic Center ADA Accessability The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the s bject at this time. ./3It 1 . Date �obert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on file. i- 1 � -o Date ,ram_ SharyFr`eidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 106 Date1 Clerk 1245 RET REL MEMO.doc 4/10/2006 4:20 PM PLEASE COMPLETE THIS INFO&ION 0 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Mr. Joseph Dale P.O. Box 190 - 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: -1 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder �� Illllllllllllllllllllllllllllllllllilllllllllllllllllllllllllllllllllllllll NO FEE 1 i 200600027414103:30pm 04/24/06 i 102 4 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to 4-Con Engineering, Inc. who was the company thereon for doing the following work to -wit: CIVIC CENTER ADA ACCESSIBILITY IMPROVEMENT PROJECT; CC-1245 That said work was completed March 2, 2006 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on March 2, 2006, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Great American Insurance Company .was surety for the bond given by the said company as -- required -by-law.- - ---—�- -- - — — - — - -- This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this April 13, 2006. /% n Director of Public Works or City Engineer 91K, of Huntington Beach, California STATE OF CALIFORNIA) `� County of Orange ) ss: City of Huntington Beach I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE F COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of O ange County. Dated at Huntington Beach, California, this April 13, 2006. irector of Public Works or City Engineer flel-Icity of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 80.059•TITLE PAGE (R7/95) • (Name) (Date) 0 CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasure FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. S Re: Tract No. CC No. a J MSC No. Approved 4Z/ (Couhci1Aphrovd1 Date) Agenda Item No. City Clerk Vault No. #27 gJfollowup/bondletter.doc • GREATAMERICAI,V. 114SURANCE COMPANIES Bond No. FS4784671 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, 4-CON ENGINEERING, INC . as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of OH IO as Surety, are held and firmly bound unto CITY OF HUNTIWTON BEACH as Obligee, inthe sum of TWENTY -•SIX THOUSAND FIFTY --SIX AND N0/100',,'� ($26,056.00) DOLLARS, for the payment whereof well and truly to be made, and Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this 28TH day of MARCH 200E WHEREAS the Principal and the Obligee have entered into a written agreement dated the / day of �C�,r- ,for CIVLC CENTER ADA ACCESSIBILITY the terms of which agreement were completed and accepted the day of 1 2 r,10 12 and; WHEREAS the Principal has given a ONE year maintenance guarantee under said agreement or otherwise against defective materials and workmanship. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply with such guarantee, then this obligation to be void; otherwise it shall remain in full force. PROVIDED that no right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein; and PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the ONF year maintenance period. 4—CON ENGINEPkING, INC Principal Countersigned: GREAT AMERICAN INSURANCE COMPANY By//U Resident Agent PAMEL.A MCC.ARTH.Y , Att ey-in-Fact F.9607D (8/97) CALIFORNIA ALL-PURPOSE ACKNOLEDGEMENT • State of California /) SS. County of San Bernardino On MARCH 28, 2006 before me, Janet L. Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy Name(s) or Signer(s) x personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(,q�whose name is/i6 subscribed to the within instrument and acknowledged to me that IV/she/tbgy executed the same in /her/0.36ir authorized capacity(o), and that by V/her/tbdir signature;j on the instrument the JANEr L. MILLER person(, or the entity upon behalf of which the persoR(4 Commission # 1591570 Notary Public - California acted, executed the instrument. San Bernardino County My Comm. ExplresJul 20, 2009 WITNESS my hand and official seal. L // rr Signature of Notary Public V. OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O O Attorney -in -Fact O Trustee O Guardian or Conservator O Other: Signer is Representing: General Number of Pages: Top of thumb here GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513.369-5000 • FAX 613-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14281 POWER OF ATTORNEY KNOW ALL MIEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomeyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the lirrit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL KELLY A. SAITMAN ONTARIO, UNLIMITED JANET L. MILLER CALIFORNIA PAMELA McCARTHY This Power of Attorney revokes all previous powers issued in behalf of the attorney(s}in-fact named above. iN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers mid its corporate seat hereunto affixed this 91h day of, SEPTEMBER , 2005. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMiLTON - ss: DAVID C. KtTCHtN (513-369-3811) On this 9°i day of SEPTEMBER , 2005, before me personally appeared DAVID C. KiTCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L. BERRY ' NOTARY PUBLIC, STATE OF OHIO kly Commission Expires 02-15-09 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them. be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 28TH day of, MARCH_ 2006 S 1029T (11/01) CALIFORNIA ALL-PUREAC State of California ss. County of Riverside On March 29 2006 before me, Cruz R. BorrerootaiPublic aNDate ame e.g.,'7ane Doe, Notary PubTic )— Personally appeared Dieco J. DeAndrade ame s of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isk-" subscribed to the within instrument and acknowledged to me that h� CRu2 R. 60RRERO executed the same in his authorized capacity(, CORHftsiot • 1635218 and that by his signatureW on the instrument the Notary Pubbc - CcNam10 person(o, or the entity upon behalf of which the person(} Rivenide County acted, executed the instrument. My corm. Eq*es Jon I a, 2010 WITNESS my hand and official seal. zignature oi Notary vumc OPTIONA Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of.this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: March 28, 2006 Number of Pages: 1 Signer(s) Other Than Named Above: Pamela McCarthy Capacity(ies) Claimed by Signer(s) Signer's Name: Dieco J. DeAndrade I ■ ■ Individual Corporate Officer Title(s): Vice President Partner -- ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: 4-Con Engineering, Inc. Signer's Name: N/A H Individual Corporate Officer Title(s): Partner -- ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: • • City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title Ali l of the Civil Rights . Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: t'c:-Ia-!�Se Gx:J:� ,6��1� $�,e�.ss.o�9��.rY..oao✓G..savJs Project No. Tide hereby certifies that all laborers, mechanics,. apprentices, trainees, watchmen and guards employed. by him or by any. subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classificatlons set forth in the contractor training program provisions applicable to the wage rate paid. (' &furs nd rltI67 APPROVED AS TO FORM T 1FER McGl2ATH. Gtygynk sutwn City Attorney t y(UI I b3 g:followuplcashcontcashccnl .doc DECLARA 'iON OF SATISFACTION OF CLAIMS 1, 6A1 6,Ve,state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: c� �,rlicaa;� AdA �� '— srL�T.� _ rD a< i�',�/�� _4,67 /-2V.r— and dated e6�� �4— 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California, (if none, state NONE") 1 declare under penalty of perjury that the foregoing is true and correct. Executed at d7✓aens:44 , on this la--- day or (Locetio ) gJcIIowup\cash con t\cash conUc c na of contracto A PPROVED AS TO FORM tM MFER McGRATH, CRyAitcmey „arms Sue= eeuty City Aiko37say RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to a City Clerk's Office (Name) after signing/dating (Date) H�l B CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance 1 have received the bonds for 4� �UIJo ` (Company Name) Faithful Performance Bond No. S � Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved �S Agenda Item No. (Coun d Approval Date) City Clerk Vault No. —A2 1 ' ,5e �/66fp) #27 gJfollowup/bondletter dnc CITY OF HUNTINGTON BEACH 2000 MAIN STREET June 1, 2005 4-Con Engineering 14771 Washington Dr. Fontana, CA 92334-2217 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK Attn: Richard J. Garabedian, President Re: Civic Center ADA Accessability Improvements — CC-1245 CALIFORNIA 92648 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Joan L. F ynn City Clerk J F: pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followup\cash cunt\cashcon-letter.doc (Telephone: 714536-5227 ) City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights . Act and Equal Employment Opportunity Act of 1972 I Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM ;Sarah IFER W ATIL CityAttay Sutton City Attorney 12 `f g:followu plpshcont\cashcon 1.doc procedure #14 \ V • DECLARATION OF SATISFACTION OF CLAIMS state: (Name of Contractor) 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 20_. (Location) (Signature of Contractor) g:followup\cashcont\cashcon2.doc procedure #15 APPROVED TO FORM a 1 N1FER McGRATH, City Attorney crab suttoa eputy City Attomey i FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK OS�, GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR, cat=-tT��== P►��=cape^91L=C IIP�-o��M1NrtS TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 5 5. TIME OF THE ESSENCE 5 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 16 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS -17. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 1 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 19 34. INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 20 37. CONSENT 20 38. COMPLIANCE WITH APPLICABLE REGULATIONS 20 39. MINIMUM WAGES 22 40. PREVAILING WAGE LAW 25 41. WITHHOLDING 25 42. HEALTH AND SAFETY 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 27 44. APPRENTICES AND TRAINEES 27 45. PAYROLLS AND BASIC RECORDS 29 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 32 47. SUBCONTRACTS 32 48. FEDERAL PARTICIPATION 32 49. DAVIS-BACON ACT 33 50. DISPUTES CONCERNING LABOR STANDARDS 33 51. CERTIFICATION OF LIABILITY 33 52. DISCRIMINATION, MINORITIES, ALIENS 34 53. EQUAL EMPLOYMENT OPPORTUNITY ..34 54. COPELAND "ANTI -KICKBACK" ACT 35 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION POLLUTION CONTRACT ACT ..36 57. ENERGY CONSERVATION ..37 58. HOUSING AND URBAN DEVELOPMENT 37 59. SUBCONTRACTS 37 60. CONTRACT TERMINATION; DEBARMENT 38 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 38 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 38 63. ENTIRETY 39 2 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN in.waC. GRq- jnefz; -- .Rd fM =Ifllhq_ � Nt4ly--1M --I M-P- = - - - - ��, CC- 124 THIS AGREEMENT ("Agreement") made and entered into this day of &91L. 20 0SP, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California- -CeF 0% n - hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as of "PROJECT," more fully described as —G_ G C'��'{'` in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- agree/forms/federal CDGB 4-03 1 income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in agree/forms/federal CDGB 4-03 2 this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; agree/forms/federal CDGB 4-03 3 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made I under the provisions of this Agreement or the Contract Documents, a sum not to exceed --t12�t-ISpa—At`l—}}IjNPZ- Dollars ($ as set forth in , the Contract Documents, to be paid as provided in this Agreement. agree/forms/federal CDGB 4-03 4 1 • 0 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion y�lo r16 within qy-T*( (dD )-eansee� PA e from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work agree/forms/federal CDGB 4-03 5 1 • • necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in agree/forms/federal CDGB 4-03 6 the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, .material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY. of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set agree/forms/federal CDGB 4-03 7 forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to -12 CITY, as liquidated damages and not as a penalty, the sum of—�-HUNP17 Dollars-($—= ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or agree/forms/federal CDGB 4-03 8 other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, agree/forms/federal CDGB 4-03 9 • 0 whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. agree/forms/federal CDGB 4-03 10 s 0 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any - thereon, CITY shall permit the agree/forms/federal CDGB 4-03 11 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed,. all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active agree/forms/federal CDGB 4-03 12 0 • or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutorylimits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering agree/forms/federal CDGB 4-03 13 the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. agree/forms/federal CDGB 4-03 14 CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. .\ The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice agree/forms/federal CDGB 4-03 15 LJ r: to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/forms/federal CDGB 4-03 16 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a .sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate agree/forms/Federal CDGB 4-03 17 different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: "r , &-L- 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: rl � �► � iris" �� The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/federal CDGB 4-03 18 0 0 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. agree/Forms/federal CDGB 4-03 19 • 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38.. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, agree/forms/federal CDGB 4-03 20 0 • shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts agree/forms/federal CDGB 4-03 21 • 0 and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES 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 29 CFR 5.5(a)(1)(iv); 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 agree/forms/federal CDGB 4-03 22 regard to skill, except as provided in 29 CFR Part 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 29 CFR Part 5.5(a)(1)(ii) 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 con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD 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. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee 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 HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. / Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized agree/forms/federal CDGB 4-03 23 representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement 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. 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 agree/forms/federal CDGB 4-03 24 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 (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee 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 Agreement or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of agree/forms/federal CDGB 4-03 25 wages required by the Agreement. 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 Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, 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, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. agree/forms/federal CDGB 4-03 26 L� 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. 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, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, 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 Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) 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. agree/forms/federal CDGB 4-03 27 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 Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, 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. 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 agree/forms/federal CDGB 4-03 28 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 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. 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount agree/forms/federal CDGB 4-03 29 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 the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its .designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) 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 Agreement and shall certify the following: agree/forms/federal CDGB 4-03 30 That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement 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 29 CFR Part 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 Agreement. 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. 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. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the 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, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, agree/forms/federal CDGB 4-03 31 failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee 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 contract, 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 subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement 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 Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, agree/forms/federal CDGB 4-03 32 rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the 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 HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, 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) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this Agreement 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 agree/forms/federal CDGB 4-03 33 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of -influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. agree/forms/federal CDGB 4-03 34 E • Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, 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 is otherwise entitled. 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work agree/forms/federal CDGB 4-03 35 1 • • in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. guards. As used in this section, the terms "laborers" and "mechanics" include watchmen and 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, agree/forms/federal CDGB 4-03 36 0 indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize 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 USC Section 6201, et seq. ). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee 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 Agreement clauses in 29 CFR Part 5.5. agree/forms/federal CDGB 4-03 37 • 60. CONTRACT TERMINATION, DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement 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 eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. agree/forms/federal CDGB 4-03 38 B. Violation; Liabili , for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, 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 Distract 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 subparagraph (A) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or agree/forms/federal CDGB 4-03 39 0 warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR `/- CUN EN6/nl��/ZZN6�.TNC. By: IZ ICV4,V'C: S. %G1'(C,-beA iG N f Rr�1VEA print name ITS: (circle one) Chairma residen ice President AND By: CrtaZ T;�Olrre.lo SccRc--rAa print name ITS: (circle one) ecreta Chief Financial Officer/Asst. Secretary - Treasure REVIEWED AND APPROVED: Ci y Administrator - / / agree/forms/federal CDGB 4-03 40 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California May ATTEST: _ d1;4y Clerk g�3ila% APPROVED AS TO FORM: A6M,4,,�� CityAttorney- 9Y` 17 0)' INITIAT D A DAP VED: rector o ublic Works CAILIF6RN1A ALL-PURPQSE ACKNOWLEDGMENT • State of California ss. County of San Bernardino On April 27, 2005 before me, Carrie D. Garabedian, NotaryPublic , a e ame an e o icer e.g., �ane Doe, Notary POW) Personally appeared Richard J. Garabedian and Cruz R. Borrero , Name(s) of signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that ,1e/they CARRIED. GARA�3EUlAN executed the same in 4isAwMheir authorized ca acit ies Commission 8' 1337689 Z p ( ) Z ..® Notary Public - California ; and that by hicsAw4their signature(s) on the instrument the San Bemardino County person(s), or the entity upon behalf of which the person(s) My Comm. Fires Jan 6, zoos acted, executed the instrument. WITNESS my hand and official seal. &,,,, �l Q - ✓ I,ej" L igna u—i re Of Notary monc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Agreement Document Date: Number of Pages: 40 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Richard J. Garabedian I Individual Corporate Officer Title(s): President Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: 4-Con Engineering, Inc. Signer's Name: Cruz R. Borrero No Individual Corporate Officer Title(s): Secretary Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: 4-Con Engineering, Inc. SECTION C PROPOSAL for the CIVIC CENTER ADA ACCESSABILITY IMPROVEMENTS CASH CONTRACT No. CC# 1245 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the. bid opening date. If at such time the contract is'not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 i y r F , H U N' F i 114, IG TO t4 BIE-ACH, CA ZOOS MAR 2q P 2; 00O O 0 -Z d. 6�7 HN clool V 0 'HO 'lY � 0 N' 0 19 j 11 N j-1 HI Ao j - j I If awarded the Contract, Wridersigned agrees that in the event*the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Z%A ?,uwd in the amount of $ to!6 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 y-. eoN c1\161,i OIST OF SUBCONTRACTOR In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion qf Work Name and Address of Subcontractor State License Number Class 3 , d caD- 63 23 G c — tD By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 9ONCOLLUSION AFFIDAVIP TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California SS. County of Qra ge S�o Qunrrdl�o wz c �w Y &t S "-x , being first duly sworn, deposes and says that he or she is 12 t,5 IV yr4 k of q - r 0" (w\16 iN he parry making the foregoing bid that the bid is not made in the interest of, or on the 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, or 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 fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. y - [ 6n1 c'ni6/N r--C/Cir'JQ'7f /C . Name of Bidder Ig c 1�U r� Bidderw� �z �XDL� LA)+AStjrrJ67a/..i Di2rLr %A�;A c:a Address of Bidder Subscribed and sworn to before me this jej— day of n'i� a�- , 200 Jr NOTARY PUBLIC CARRIE D. GARABEDIAN Commission # 1337689 Notary Public - California i San Bernardino County My Comm. Expires Jan 6, 2006 r NOTARY C-4 *UTILITY AGREEMENT • HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CIVIC CENTER ADA ACCESSABILITY IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, s hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 3 - 7 � "os' `l - c o&.) fnJ6/A/ECR7tlj&l Contractor B1141�` c( ,1> a r 5 1 pE Title C-5 DISQQALIFICATION QUESTIONARE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes D NO If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPASATION INSURANCE CERTIkCATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. c_� Date: 3- Z � S— Contractor Title c pe-h,r-F' ...... ... ........................ C-7 USERGROUND SERVICE ALE* IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: `I - C-CiN .�Nb/.v FE Z-Tn! �•�/ L . Contractor By Vcl-- �L�✓L�PGC�c�� Piz E-s 1aL--rVT— Title Date: 3 - Z i �S Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 • • BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: L% '- C o , Bidder Name I y -3-31 wel s�(( J6-TO/v Ail Nt Business Address -FONTAri g\- 64- 972-33i- zZ 1-7- City, State Zip ( 90% ) y2-7- ) 1 56"f Z-7-1 S-6Z Telephone Number -7 j!K1$`1 -6 '% V-?> State Contractor's License No. and Class ,,�_32Z ,91 Original Date Issued 9-3o-0(,o Expiration Date The work site was inspected by EP tAo rl of our office on 3 - 2 3 `°S , 20or The following are persons, firms, and corporations having a principal interest in this proposal: 1,eOL5C- se-c-- 4v [A-c cic , C-9 *! 4-Con Engineering, Inc. Name, address, and titles of all officers of the corporation Richard J. Garabedian — President 1566 Columbine Way Upland, CA 91786 (909) 949-8846 Dieco J. DeAndrade — Vice President 801 W. La Vina Altadena, CA 91001 (626) 794-7337 Cruz R. Borrero — Secretary 557 W. Rosewood Ct. Ontario, CA 91762 (909) 988-5182 Fred E. Ecker — Treasurer 1374 Gardenia Ln. La Verne, CA 91750 (909) 596-2655 (909) 427-1177 License No. 748284, A & B Fax (909) 427-1562 14771 Washington Dr. o P.O. Box 2217 o Fontana, California 92334-2217 The undersigned is prepare& satisfy the Council of the City of HAW-gton Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. y- LD N Company Name A i chG�'V'd .1 - ?TZC5 IDF'N� Printed or Typed Signature Subscribed and sworn to before me thi0q"-day of Mac , 200 S . -- CARRIED. GARABEDIAPI Commission # 1337689 [[[[[Z idotary Public - California NOTARY PUBLIC ,;,r�u� : /���,'�?�., j x San Bernardino Cocnry Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. ?I fAiG 6 5e7e A1--CC ti Fes) TIR 6-Te-(5' -k Name and Address of Public Agency 01 3 Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C 40 JOB No. PC001 P_C002 PC00_3 PC004 PC005 PC007 PC008 P.O. Box 2217 Fontana, CA 92334-2217 NAME i AGENCY Lincoln Ave. Coyote Creek Bridge !City of Cypress Retrofit Edmondson Alley Reconstruction !City of Pasadena Valencia Park Picnic Area 'City of Fullerton Alley No. 77 Storm Drain Repair & !City of Costa Mesa Iowa Street Drain Improvements Street Improvements Spruce & City of Riverside Blaine (Schedule A) On -Site and Off -Site City of El Monte Improvements on Ramona Blvd. ! and Cogswell Rd. San Jose Creek Water Los Angeles County Reclamation Plant - East Stoplog _Storage Structure Sanitation District City of Fountain Valley Construction of 43 Curb Ramps at Various Locations Throughout the PC009 Pepper Street PC010 Del Amo Blvd. Over Compton Creek PC011 Wash Water Recycling Facility_ PC013 !Ronald R_egan_& Heritage Park PC014 Garvey Park Pool Renovation San Bernardino County L.A. County Dept. of Public Works City of Ontario City of Diamond Bar - City of Rosemead - - 4-Con Engineering, Inc. -- Project List -- PERCENT CONTACTI PHONE ;COMPLETED Kamren Dadbeh (714) 229-6456 100.00% Phone (909) 427-1177 Fax (909) 427-1562 CONTRACT VALUES - I _ DATES _ ORIGINAL FINAL START FINISH 175,576 196,755 109/03/98 111104/98 George Martinez ; (626) 744-3842 j 100.00%° 1 _ _198,862 1 _ --211,224 i_10/02/98 12/12/98 Eliseo Bravo (714) 738-5348 1 100.00%1 1 63,101 i 11/02/98 j 12/15/98 Tom Banks (714) 758-5222 100.00% --61,993 99,860 106,913 ! I 12/07/98 112/21/98 I Karl Mosby 'Kev Tcharkhoutian i i Samuel Espinoza I (909) 782-5346 100.00%' 55,734 -! -- (626) 580-2056 100.00%i 173,205 i I (323) 283-0881 100.00%1 121,850 1 I � I 67,201 1 11 /30/98 1 01 /22/99 209,460 1 12/07/98 1 02/01 /99 122,450 1 01 /12/99 1 05/20/99 Bob Kellison Jerry Ivy (714) 593-4517 i 100.00% I 30,837 -83,583 45,260 1 34,527 ! I - - - 84,797 02/23/99 03/16/99 I 1 (909) 387-2800 (818)458-4953 1 100.00%1 1 100.00%1 j 03/15/99 104/12/9_9 Neil Menuwaria 41,076 ! 03/25/99 ! 04/07/99 Dennis N. Watson (909) 391-2507 Bob Rose_ _ _ _ _ j (909) 860=3195 Ron Bravo - j-(310) 370-6724 100.00%1 124,969 1 134,529 1 04/05/99 1 05/21/99 107/15/99 100.00%1 373,378 1 _ 386,5111 - - 226,157 100.00%° 1 - 204,153� _04/09/99 1 04/08/99 1 07/09/99 PC015 !City Park Skate Park Facility; Project No. 431-8062 (City of Corona Jonathan Jones ! (909) 279-2241 100.00%I 196,000 223,976 06/08/99 08/20/99 09/24/99 12/0 --- PC016 'Hook -East & West Debris Basin L.A. County Dept. of Primo Candia i (626) 447-5362 100.00%j 229,195 ! 241,174 Enlargement in Glendora i Public Works - _ PC017 !Franklin Ave. Drain in the City of L.A. County Dept. of Primo Candia I (626) 447-5362 ! 100.00%i 155,815 1 186,687 07/12/99 09/20/99 Pomona-- ; Public Works _ _ _ PC018 `Rehabilitation of the Nature Trail !City of Fountain Valley !Bob Kellison _ _ _ ! (714) 593-4517 i 100.00%1 245,664 ! _ _30_2,805_I 103/24/00 08/16/99 08/31/99 110/25/99 PC019 Bridge Seismic Retrofit !San Bernardino County !Jerry Ivy 1 (909) 387-2800 1 100.00%1 112,158 ! 118,249 ! !Two !Transportation Dept. PCO20 ;Indian Ave. Overhead Seismic !City of Palm Springs iMarcus Fuller 1 (760) 323-5253 : 100.00%1 186,462 I 212,898 ! 10/26/99 ! 01/26/00 PCO21_ ;Terry Road Storm Drain !City of Laguna Beach !Lisa Penna (949) 497-0711 ! 100.00% 1; 145,2_08_1 180,5_21_1 11/29/99 1_02/08/00 PCO22 !Construction of Skatepark at Harvard Athletic Park; CIP 8110 _ (City of Irvine 1 --I_ !Douglas Davidson ! (949) 724-6675 1 I_ _ 100.00%1 _ 642,068 1 _ 670,761 1 01/03/00 ! 06/02/00 PCO23 Rio Hondo Park Rehabilitation Site Work _ _ City of Pico Rivera !Juan Balanay _ 1 (562) 801-4415 1 j 100.00%1 82,400 ' 100,077 ! 06/12/00 1 07/25/00 PCO24 'Jaboneria/Shull Park City of Bell Gardens !Bill Pagett I (562) 806-7770 i 100.00%I 587,047 1 620,686 03/06/00 08/22/00 Improvements ! ! PCO25 ;Skate Park at Peterson Park City of Diamond Bar !Bob Rose (909) 860-3195 1 100.00%I 282,884 1 311,162 ! 04/10/00 07/15/00 PCO26 1Heritage Trail Bikeway Project City of Palm Springs :Marcus Fuller P.E. -� 760.323-5253 1 100.00%1 873,781 1 879,416 1 05/22/00 1 11/09/00 File: Project List Page 1 of 5 P.O. Box 2217 4-Con Engineering, Inc. Fontana, CA 92334-2217 -- Project List -- JOB j I No. NAME 1 AGENCY CONTACT I PHONE PCO27 Beverly Blvd. Over San Gabriel I L.A. County Dept. of Jolene Guerrero (626) 458-3137 River; Cash Contract 8344 1 Public Works (714) 567-7795 PCO28 Seismic Retrofit of Brea Blvd. Orange County PF&R Gerald Shubert Bridges 1 & 2 (Nos. 55C-0123 & ! Department - 55C-0122) Over Brea Creek PCO29 Hermosa Ave. Storm Drain and City of Rancho Jerry Dyer (909) 427-2740 Street Improvements CCucamonga PC030 Dale Page Park Improvements, 'City of Redondo Beach Thomas Baldwin I (310) 318-0661 and Ford and Sneary Parkettes Improvements I PC031 Storm Drain Improvements at Holt !City of Ontario 1Fe M. Rama (909) 395-2025 Blvd._ !City of La Habra lEduardo L. Lanuza PC032 Construction of Storm Drain and (562) 905-9700 Parkway Improvements - Project No. 4-R-00 Public Works Central Maint. Yard City of Palmdale i Mr. Tim Hughes PC033 (661) 267-5300 Perimeter Wall Improvements - j Cash N_o._41_5A_ PCO34 _Contract Canada Blvd. & Verdugo Rd. POC L.A. County Dept. of I Mr. Ricardo Gordillo (626) 458-3142 at Glendale Community College - Public Works _ J Project ID No. RDC0011407 (323) 890-7086 PCO35 Storm Drain City of Long Beach Mr. Jose M. Rosas lCarmelitos Improvement_ _ _ _ PC036 McDermott West Park, Village of City of Fontana Mr. Harry Foley ! (909) 350-7661 Heritage, Fontana; Bid No. SB-43- 01 PC037_l Hudess Barton Park _- - ; City of Yorba Linda_ _ Mr. Steve Campbe PC038 Whites Channel Invert Access L.A. County Dept. of Mr. Sumitha Shival Ramps & Medea Creek Invert 'Public Works _ Repair - Project No. FCC0000764 PC039 JGene Autry Trail Bikeway, CP99- (City of Palm Springs Marcus Fuller P.E. 14, A4371 Phone (909) 427-1177 Fax (909) 427-1562_ PERCENT I CONTRACT VALUES I DATES COMPLETED ORIGINAL - FINAL ! _ START ! FINISH 100.00% 669,423 411,210 1 707,272 431,606 I 07/07/00 02707/01 10/04/00 j 03/21 /01 100.00%1 I 100.00%1 61,326 1 62,559 1 10/16/00 1 11/17/00 100.00%1 151,800 1 155,657 1 12/13/00 1 01/19/01 100.00%1 151,157 100.00% 1 319,134 165,579 1 01/16/01 320,892 1 01/17/ 11 10/04/01 100.00%! 1 469,668 i i 468,316 1 i 02/19/01 1 06/07/01 i I i 247,481 1 I 286,570 ! I 04/02/01 06/26/01 100.00%' I 100.00%i 159,700 159,700 07/06/01 08/15/01 100.00% 1 1,199,768 1 1,299,783 05/14/01 1 01 /10/02 (714) 961-71_68_ 1 100.0 .%I _ 222,223 (626) 458-3137 I 100.00%1 251,550 (760)323-5253 100.00%1 230,604 PC040 State Street Sidewalk and !City of San Jacinto Habib Motlagh (909) 654-7337 1 100.00%1 413,000 1Miscellaneous Improvements --- ----- ILemon Park Improvements !City of Fullerton I Parking Lot / Landscape !Corona -Norco Unified - -- 1 (714) 738-6391 _1 1 (909) 792-7397 --- -100.00% PC041 Mike Pickens Greg Chapman, PCH PC042 100.00% Revisions at Anthony Elementary SSchool District Architects, LLP, 1 School (Project No. F0002-00.2)_ _ _ _ _ _ _ Project Manager_ PCO43 Eastbluff Park Walkway ! City of Newport Beach I Fong Tse (949) 644-3340 ! 100.00% Reconstruction, Phase II - 1 j Contract No. 3334 ! I 226,841 04/24/01 ! C 252,530 08/20/01 1 230,423 08/23/01 09/26/01 398,676 ; 09/24/01 j 01/09/02 816,951 I 914,847 1 09/24/01 ! 07/11/02 121,121 -- 1 1 144,754 1 11 /08/01 103/07/02 113,015 1 113,815 12/12/01 i 01/24/02 i File: Project List Page 2 of 5 P.O. Box 2217 4-Con Engineering, Inc. Phone (909) 427-1177 Fontana, CA 92334-2217 -- Project List -- Fax (909) 427-1562 JOB No. NAME ! AGENCY CONTACT PCO44 Flintridge Drive Slope ;City of Glendale Kevin Carter Rehabilitation Subsurface Drainage Project At City of Corona PCO45 Nadeem Syed Various Locations; Project No. 31- 1001 PCO46 East Rialto Storm Drain !San Bernardino County Gary Landry Flood Control District The Club at Big Bear Village, !The Bergman Companies Dale Colosi, Project PC047 Phase 1 B (Site Work); Detention j Manager Basin_ Rialto Street Improvements j City of Rialto _ PC048_ PC049 Parking Lots Improvement at !Lake Esinore Unified Elsinore & Wilomar _ _ _ _ Azusa Skatepark at Memorial !School District ! City of Azusa PC050 Park _ PC051 Montebello Skate Park !City of Montebello, c/o !T_EL_AC_U_Constru_ction PC052 Independence Skate Park and !City of Downey Tennis Center, Cash Contract No. _ 623, City of Downey PCO53 I Bridge Repairs; City Project No. _ _ 97-20 PCO54 San Sevaine Creek Bike and Recreational Trail, Project No. SB- 41-02 PC055 Montclair Station Improvements; Federal Project No. RPSTPL-5326 Bruce L. Cluff Grand J. Hamel PHONE (818) 548-3945 PERCENT! _ CONTRACT VALUES I DATES coMPLETED1 ORIGINAL ! FINAL START I FINISH 100.00%1 85,460 1 92,405 02/11/02 I C4/01/02 (909) 279-3515 100.00% 57,180 ! (909) 387-7920 (909) 627-3651 I I 100.00%T 240,226 I - 100.00% 1 249,000 (909) 820-2530_! _ 100.00% 1_ _ 32,932-L (909) 296-0776 i 100.00% 282,107 ! Joe Jacobson (626) 812-5280 Mr. Bill Torres, (323) 726-0734 ITELACU Construction__ Mr. Lea Sharp (562) 904-7118 67,525 1 01 /03/02 1 01 /22/02 I � i I 260,210 ! 02/08/012 04/26/02 I 281,262 ! 01 /24/02 05/02/02 i i 30,356 j 04/29/02 j M-26 306,578 1 04/02/02 1 06/03%02 100.00%1 ! 379,752 429,933 03/18/02 07/12/02 05/28/02 i 10/17/02 100.00%, 232,000 270,512 100.00%1 981,435 ! City of Palm Springs !Marcus Fuller P.E. (760) 323-5253 100.00% City of Fontana (909) 350-7661 !Mr. Harry Foley 100.00% I City of Montclair � ! 1Morteza Ghandehari I (714) 814-4513 I 100.00%1 97,610 i 256,214 j ! I 845,060 1,062,127 1 05/20/02 1 10/25/02 98,636 09/20/02 1 11 /01 /02 360,389 1 07/29/02 1 11/30/02 903,879 1 09/30/02 1 03/ 12/03 i I. ! PC056 Camelian Street Underpass SANBAG - San !Joe Poirot, PE, (909) 884-8276 100.00% 186,896 1 200,697 ! 10/30/02 1 03/10/03 Earthquake Retrofit; Contract No. Bernardino Associated !Resident Engineer I 03-018 Governments ; I PC057 South Gate Skateboard Park; City (City of South Gate lAbdulla Ahmed - 100.00%I 1 (323) 357-9657 326,623 1 392,057 1 12/02/02 ! 03/19/03 Project No. 284-ARC -I- Engineer PC058 .- - __. _ _ _- _. _ L.A. County Dept. of _iSenior ISalaman Khan, I (626) 458-4956 1 100.00%1 647,870 I 653,787 02/24/03 i 06/04/03 - Loyhes Drive over Los Cerritos Channel, Et Al. - Project No. Public Works !Construction Liaison R_DC0014210 PC059 1City of Arcadia IMr. Ken Herman, ! (626) 256-6654 100.00%I 540,256 ! 546,076 ! 02/10/03 06/25/03 _ Arcadia Skate Park; Project No 2255022 !Associate Civil I Construction of Brea Skatepark 1City of Brea Engineer IMr. John Hogan 100.00%I 174,950 1 174,950 ! 02/24/03 i 05/16/03 PC060 (714) 671-4450 Soundwall; Project No. 7848 File: Project List Page 3 of 5 P.O. Box 2217 4-Con Engineering, Inc. Phone (909) 427-1177 Fontana, CA 92334-2217 Project List -- Fax (909) 427-1562 -- JOB 1PERCENT1 CONTRACT VALUES DATES_ No. NAME AGENCY CONTACT PHONE _ COMPLETED ORIGINAL ' FINAL ! START FINISH PC061 North Phase - Civic Center !City of Palm Desert Mr. Martin Alvarez (760) 346-0611 100.00%1 417,501 I 412,802 04/21/03 07/24/03 Carport Structures; Project No. 2225.00 Mr. Paul Keizer PC062 Artesia -Norwalk Drain Project No. 'L.A. County Dept. of ! (626) 458-3122 100.00%1 284,941 1 324,842 1 05/22/03 i 08/04/03 21 Line "C" Backslope Repair; Public Works 1 I Project ID No. FCC0000617 ;City of Laguna Beach Mr. Mark Trestik _ _ _1 (949) 497-0300 1 100.00%°1- _ 1,148,978 P_C063 lBluebird Park Renovation _ _ - 1,005,128_1 1 09/15/03 1 06/23/04 of Azusa L.A. County Dept. of Mr. Randy Noriega _ Ms. Stringer 812-5266 1 100.00%1 _ _318,000_1 342,743 1 07/08/03 1 01/10/04 PCO64 1Memorial Park_Re_stroo_ms-!City Santa Clara River Invert Access PC065 -(626) (626) 458-5100 100.00%1 263,866 347,087 09/24/03 12/03/03 Ramps at PD T832, PD T771, and Public Works PD T911 - Project No. FCC0000744.-- - - - PC066 Sierra Avenue Street City of Fontana Anthony Salam, P.E. ! (909) 350-7632 100.00% 267,025 388,593 08/12/03 01/16/04 Improvements; Bid No. SB-39-03 PC067 Grace Yokley Middle School Jeff Miller, Sr. Project Mountain View School (909) 476-6005 1 100.00% 172,807 182,655 07/07/03 09/22/03 Retaining Wall & Storage Bid .; District Manager, WLC 1 Project No. 02513A.40 Construction Services, Inc. PC068 (762) 346-0611 129,950 109,800 ! 08/04/03 09/02/03 Widen Northbound Portola, from City of Palm Desert Jeremy Vela i 100.00% San Marino to El Cortez - Block Wall; Project No. 630-99 B; Contract No. C20920B Valley Drive Storm Drain at Kamran Saber, P.E. (714) 973-2230 88,748 I 94,866 ; 09/29/03 1 11/05/03 PC069 City of Villa Park I 100.00% Aubrey Circle Project Manager City of Highland (Norris - Repke)- Tery Vemon, EDGE 1 100.00%1 1,069,700 ! 1,161,023 ! 11/17/03 1 05/2010318, PC070 Park; Project No. (909) 296-0776 Bid No. 2003-05Develo ICity of Irwindale ment In�Aurantia I Development -- Glenn Kovac, PM; L.A. -I--- °1 100.00% ---------- 433,000 ; 428,773 01/19/04 105/07/04 PC071 -------------- (Irwindale Skate Park - (626) 454 5222 (Subcontract) Engineering, Inc. !City of San Bernardino !(Prime Contactor) Robert Sepulveda, 100.00%1 229,361 i 229,547 1 01/12/04 03/12/04 PC072 Blair Skate Park; Plans and (909) 384-5167 !Special Provisions No. 10667 1 Engineer _ '!Ms. Chandra McLoud 1 _ _ _ _ _ _ 1 (626) 458-4967 I I_- _ - I _ _ 1 286,850 288,350 ! 01 /05/04 1 02/16/04 PC073 ' WRDM000008 - Thompson Creek _(Associate j L.A. County Dept. of 100.00% @ Sycamore Cyn Park & Webb !Public Works ! I 1 Cyn Site Fire Emergency 1 1 Protective Meas. Laguna Niguel Elementary School !Randy Trinkaus, P.M. ! (949) 362-4337 _ PC074 !City of Laguna Niguel 100.00% 231,000 282,879 06/16/04 1 12/03/04 Restroom I ' File: Project List Page 4 of 5 P.O. Box 2217 Fontana, CA 92334-2217 JOB No. I NAME PC075 ' CSA 9 Phelan Park; Project No. 20030001 4-Con Engineering, Inc. -- Project List -- AGENCY I CONTACT PHONE County of San Bernardino, :!Mr. Greg Bacon (909) 387-6076 County Service Area 9 Phone (909) 427-1177 Fax (909) 427-1562 PERCENT! CONTRACT VALUES ! _DATES COMPLeEe1 ORIGINAL I FINAL START 1 FINISH 103.85%1 343,000 1 105/10/04 PC076 !Centennial Regional Park, Dan City of Santa Ana (William Albright, P.E. (714) 647-5029 102.22% 1,274,672 Young Youth Soccer Field; Project No. 6369 ! I i 05/05/04 PC077 'Construction Of Mesa Linda Park; City of Victorville Celeste Calderon 1 (760) 355-5085 104.40%1 1,715,024 ! 1 06/03/04 Pro ect No CC04-035 l_— PC078 Santa Fe Reservoir Spreading L.A. CountyDept. of Ali Dana (626) 458-3110 I 120.29%' 344,535 ! 08/30/04 Grounds and Horse Trail Public Works i I � I i Modifications - FCC_ 0000627 _ _ _ ! i i i i _ • PC079 I New Restroom and Utilities; Ramp California Department Of Mr. James DiGiorgio j (916) 263-8131 78.41 %1 18,900 i 10/22/04 6 & 7 Boat Launch Area, Lake Boating And Waterways Perris SRA, Riverside County; File 365-2 I PC080 Engineering Laboratory Facility University of California, Omar Nabahani (949) 824-5243 92.89% 897,332 10/05/04 (E.L.F.) Strongwall Irvine Campus I Enhancements; Project No. ! i PC081 (Construction of Canada Vista City of Rancho Santa !JacqueLynn Niemi, (949) 635-1800 19.33%i 588,200 12/06/04 I l Skate Paris Margarita _ _ — — — — P.E. PC082 Relocatables at Various Sites, Adelanto School District David Brown, Project (760) 955-2446 93.33%1 648,258 j 10/28/04 Adelanto School District (Architect ! I ! 1 PC083 El Cerrito - Kayne Street Storm Riverside County Flood I Dale Anderson, (951) 955-8170 645,679 I ! Pending Drain; Project No. 2-0-0112 IControl and Water Construction Engineer Conservation District i I I _ _ _ _ _ __ I ___I _ _ _ _ __ _ I � PC084 Pelona Vista Paris, Phase 3 1 City of Palmdale (661) 267-5300 i fi 107,450 Pending Stairway PC085 Amargosa Creek Trailhead and I City of Landcaster Mike Slayton, ' (661) 510-4320 i 26.60% 634,719 03/10/05 • Pathway - Cash Contract No. 628 P.E./P.M. ! i I PC086 Dunsmere Road Storm Drain City of Glendale ! (818) 548-3945 j 357,330 Pending 1 Culvert Repair Project I I ! File: Project List Page 5 of 5 0 0 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): / Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or at.-Y hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: 6/^J r-Frzs,J69T4 1� . Contact Person: Contact Phone: qz-7- Signed: - Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and, - proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). . Previous non-compliance with Section 3 could result in disqualification. C-11 is PROJECT BID SCHEDULE .............. .. .................... ......... ........................... ......................... .......................... .................... .................... .............................. . . t :::.E-.x' end' ............................................................................................................ ty.", ...... ............................. .................................. 46* ... .............................. .. ..... ................. .... 1 1 Mobilization LS @ Dollars $ —?Sl odo $ 3 c6o Cents Per LS 2 190 Sawcut and Remove Existing Curb LF @ T Dollars Cents Per LF 3 1100 Sawcut and Remove Existing Concrete/AC Pvmt SF @ Dollars $ 2..00 $ 7Z/ 2 aD Cents Per SF 4 1 Sawcut and Remove Interfering Portions of Existing Concrete Stairs LS lars; $ $ Cents Per LS 5 1 Remove Existing Concrete Wing Wall LS @ -T-C40 --rt4-(j115 Dollars obO Z1.060 Cents Per LS 6 1 Sawcut and Remove Existing Concrete HC Ramp LS @ Ti,- 3AJAAcU1 07 Dollars Cents Per LS 7 1 Sawcut and Remove Interfering Portions of Existing Concrete Swale LS Wig goide e (, -r F:7( Dollars $ $ -tso-do Cents Per LS 8 150 Construct Concrete Retaining Curb LF @ Dollars $ -OD $ 5, Cents Per LF 9 150 Construct Concrete Curb, T pe B-2 LF @ r Dollars $ $ 2/ ? Cents Per LF 10 2845 Construct Concrete Sidewalk SF @ S t Dollars $ b. 00 $ 1-71 Cents Per SF C-Is L' _ c o" t7-1,J N r RT r 4 6,:iv L_ PROJECT BID SCHEDULE - tPm:::EstEttiated :::::::::::::::::::::::: teln:ttti::unfit:pr�ce:;::::::::::::::::::::::::::::::::::::::::;:::::::::::.:.:.:.:.:.:.:.:::::::. a.tEen:. e..::: ............................................................................................................................. :En:wands:::.:.:.:.:.:::::::::.:.:.:.:.::.:::::::: :: Uni>r:Piri�+e::...... 11 1 Construct Ramp with handrails adjacent to Council Chambers EA @ mil" W e1 p�'�11�.a-9vC� �l Dollars $ /2% 0 00 Cents Per EA 12 415 Construct CMU Retaining Wall SF @ N 6�4-� Dollars Cents Per SF 13 55 Structural Backfill CY @ TI f Dollars $ SO - (JZ� $ 2� 75a Cents Per CY 14 1 LS Install Handrails on CMU Retaining wall 7; -71 @ Dollars $ $ Cents Per LS 15 1 Install Handrails on concrete walk over Police Building LS @ /Viri/�!'—�/VS� Dollars c� $ /� B� $ g 6 Cents Per LS 16 250 Install PVC ElectricalConduitfor Walkway Lights S LF @ F/rT�JDollars $ 1 • $ 3� %S-Z'— Cents Per LF 17 250 Install Steel Electrical Conduit for Walkway Lights LF �- @ /� �� T� Dollars $ ,� D • llZf $ 7� S ill-' - Cents Per LF 18 10 Install Walkway Lights EA @ -14(L &W- -i'"S J��� �1 C +A1)1\lc196 ars $ 3i s-."b $ S edo - Cents Per EA 19 2 EA InstallElectrical Pullbox for pathway lighting ITl R ,l Dollars $ 3`� !/(r" $ U U - @ / Cents Per EA 20 1 Earthwork/Grading LS @ r P11 /2 y /�/+C Tf�UIJ$i17�� Dollars Cents Per LS C-2s PROJECT BID SCHEDULE :: sttmate :: te;n:witti: uatt: rrce::.:.:.:.:.::.:.:.:.:.:.:.:.:.::::::........................::: ........................................................................................................................................... o::::: Qtialnfity : :::::: ::::: vvx�tte>Ii:ln words..:... ....................... .. Un><t:P ice....... t ritoant.. : 21 1 Landscaping (irrigation relocations shrub & root trimming) lZ ��v t/,� aC� y� LS @ Dollars $ $ Cents Per LS 22 4500 Sod Replacement sf @ bN Dollars ory,S� $ r r; $ Cents Per sf 23 4 Cherry Tree Removal and replacement EA @ -�—�v: 4,1N C1R 1nD Dollars Cents Per EA 24 8 Salvage/Replace existing Handicap Parking Signs EA @ cwc A4UNd 11 /v "NT7F Dollars $ pV $ (/ �20 Cents Per EA 25 6 Install Handicap Path of Travel Sign (/ b • EA @TtNo {- o jc4LL �l�t� Dollars $ 250. tsU Cents Per EA 26 11 Install Concrete Wheel Stop f�v t1 �0• UCT EA @ Dollars $ S I` Cents Per EA 27 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ 2331, `JoS"• a-U Total Amount Bid in Words: Tw a f-EcrPrdaO) TH cR r THE �� Tko us4e jol N ilV�Foe C-3s GREAT AMERICAN INSURANCE COMPANY OHIO Bond No. N/A BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A310 February, 1970 Edition KNOW ALL MEN BY THESE PRESENTS: that we 4--CON ENGINEERING, INC. as Principal, hereinafter called Principal, and GREAT ANERICAN INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, are held firmly bound unto CITY OF HUNTINGTON BEACH. as Obligee, hereinafter called Obligee, in the sum of TEN PERCENT OF AMOUNT BID" Dollars ($ 10 o OF BID" For the payment of which sum well and truly to be made, and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CIVIC CENTER ADA ACCESSIBILITY IMPROVEMENTS (CC#1245) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another Party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24TH day of MARCH I 2 00 5 In the oresenCe of: 4--CON ENGINEERING, INC., (Principal) (Seal) B: ZEATIAMERICAN INSURANCE COMPAIW (Seal) (Surety) ByC- JANWL , MILLER (Attorney -in -Fact) Bid Bond 179630a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ss. County of San Bernardino On March 24, 2005 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g.. "Jane Doe, Notary Public") Personally appeared Janet L. Miller Name(s) of Signer(s) I] personally known to me ❑ proved to me on the basis of satisfactory evidence TM A_k cAYH to be the person whose name is subscribed to the within and acknowledged to me that she PXrAELAMC Cofnnission# 1354310 Z executed the same in her authorized capacity, Notgry Public - Califomla ' Cy aornardi:sAmproL. and that by her signature on the instrument the s,n tam, Expife0W person, or the entity upon behalf of which the person a&'t acted, executed the instrument. WITNESS my hand and official seal. Aal , Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner — O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Top of thumb here GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000' FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 13970 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorneyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL KELLY A. SAITMAN ONTAIO, UNLIMITED DONALD R. DES COMBES CALIFORNIA JANET L. MILLER This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 29th day of , JUNE , 2004. ;? Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KtTCHiN (513-369-3811) On this 29th day of JUNE , 2004, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L. BERRY ! NOTARY PUBLIC. STATE OF OHIO_ <` My Commission Expires 02-16-09 - This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 11993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behatfof the Company, as surety, any and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature ofany of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be. affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original N+ Iznnture of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually aJJixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 24TH day of, MARCH 2O05 IA ALL ACKNOWLEDGMENT State of California ss. County of San Bernardino On March 29 2005 before me, Carrie D. Garabedian NotaW Public , Uate Name aria I me of vtoer e.g., ane U08, Nmary Public") Personally appeared Richard J. Garabedian , am s o s ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose nameW ishe" subscribed to the --`CA. Ri E D within instrument and acknowledged to me that he4l;eAhe CABBIE C. GARABE68g executed the same in his eii` authorized capacity( Commission # 1337689 ' z Notary Public - California ; and that by him signature(G) on the instrument the San Bernardino County personal, or the entity upon behalf of which the persons) My Comm. Expires Jan 6, 2006 acted, executed the instrument. WITNESS my hand and official seal. t, L . t,u.v / ` bfgnaWfe 01 Wary MUM OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: Janet L. Miller Capacity(ies) Claimed by Signer(s) Signer's Name: Richard J. Garabedian I ■ I■ i■ i Individual Corporate Officer Title(s): President Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: 4-Con Engineerin-g. Inc. Signer's Name: N/A Individual Corporate Officer Title(s): Partner — Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: DRIVER ALLIANT INS Fax:SU9-4UJ-h1Z;f Clients! 4A11S2 may J zuu5 y:4y r. uc 4CO.t1E1 ACCSRD,r CERTIFICA OF LIABILITY .INSU CE DATE W2 ;5°""""' PRODUCER Driver Aliiant insurance Empire Blvd #100 3270 Inland / '3 - S \'Z 3 Ontario, CA 01764 Lt $ 909 841.8699 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # INSURED 4-Con Engineering, Inc. ,/C P. O. Box 2217, c�C. " /aJ Fontana, CA 92334 I-D 41J4 7n S/3i/ � 0 "\I 4 2.---4\4 (ick &Arc.�02Ai MSURERA: Lexington Insurance Co. INSURER a: American State Ins. Co. IIISIRCRC: United National Ins. Co. Ir NNS(1RER E: COVERAGES THE; POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TLRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CE'RTIPICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGORROATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY UMD/ ME PO EXPDOI LIMITS A GENERAL LIABILITY 2B45432 07116104 07/10105 EACH OCCURRENCE $1 000 000 e MG TO NASD I)50 00 COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR MED EXP (Am one omen) fN1A PERSONAL A ADV INJURY $1 000 000 X =BVPD Ded:5,000 X XCU Included GGNGRALAG4REGATE 92.000.000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPAOP AGG s2,000,000 POLICY j LOC g AUTOMMIX X LIABILITY ANY AUTO 01CG3828872 07/16104 07/16105 COMBINED SINGLE LIMIT (Ea eeaaenl) 511000',000 BODILY INJURY (Ferpereon) 1: ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Pwaccidmv) S HI iEO AUTOS NONOWNEDAUTOS X PROPERTY DAMAGE (Per accidml) _ GANAGE LIABILITY AUTO ONLY - EA ACCIDENT i OTHER THAN EAACC_ AUTO ONLY: AGG ANYAUTO S C E(cESS/UMBRELW IJASIIJTY -Xi OCCUR CLAIMS MADE FCX000179 07116/04 07116/05 EACH OCCURRENCE $1,000,2 AGGREGATE S1,000,000 S _ DEDUCTIBLE S RE15NiWN : WORKERB COMPENSATION AND WC STATU- OTH- TORY LMT1; EMPLOYERS LIABILITY ETOIIECUTIVE MR FlMF%PREJDEO7 Ir yes describe ardor SPECIAL FROYISIONS bola. E.LEACH ACCNDEN i E.L. DISEASE - EA EMFt i E.L. DISEASE • POLICY LIMIT E OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROYI@ONS Re: Job A00088, Civic Center ADA Accessabllity Improvements, CC4245. City of Huntington Beach, its officers, agents and employees are additional Insureds as per form LX0869 (01195) attached. Primery wording is included per form attached. (See Attached Descriptions) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92N$ ACORD 25 (2001108) 1 of 3 #131645 SMUL0 ANY OF TK ABOVE DESCRIBED POLICIES BE CANCHUND BEFORE THE EXPIRATIOII OATETHOMM.THEMStXNUUCURERWILL AIL •sn DAYSWNUTTEN HIME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, APPROVED AS -TO FORM: IF McG TH, CZit7mlAttornq ACORD CORPORAXION 1988 UH I VtH ALL I AN I I flJ r aX: yUy-4UJ-51 LJ may J zuutl y: 5u r. utp ENDORSEMENT # 014 This endorsement, effective 12:01 AM July 16. 2004 Forms a part of policy no.: 28415432 Issued to: 4-Con Engineering, Inc. By: LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS ( FORM B ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of person or organization: City of Huntington Beach, its officers, agents and employees Re: Civic Center ADA Accessibility Improvements, CC-1245 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO 1S AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you., IT IS AGREED THAT THIS POLICY IS PRIMARY AS RESPECT ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED AND THAT SUCH INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS EXCESS AND NON-CONTRIBUTORY WITH THIS POLICY AS RESPECTS TO WORK PERFORMED BY THE NAMED INSURED. IT IS AGREED THAT THE INSURANCE COMPANY SHALL AFFORD OR PROVIDE THIRTY (30) DAYS WRITTEN NOTICE OF CANCELLATION TO THE INSURED IN THE EVENT OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE. LX0869 101199 ) APPROVED AS TO FORM: XNNIFER DAMcGRATH�jily Uerney J otoz� DRIVLH ALLIANI IN5 tax:NUJ-4Uj-51GJ may J tuu3 3:4a r.ua DESWIPTIONS (Continued from Pall) The cancellation clause has been amended to delete the "endeavor to" and "but fallure to..." wording. • 10 Day Notice of Cancellation for Non -Payment of Premium. This cancels and replaces the certificate Issued on 4125105. AM$ 2&3 IM01108h 3 of 3 0131645 UNIVtN ALLIANI INJ rax:uuu-ana-pica may a tuuD 3-.DU r.uv IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in Neu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may esquire an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2SG a001/08) 2 of 3 11111645 CERTHOLDER COPY STATI=' P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-25-2005 CITY OF HUNTING TOW -BEACH, ,ITS OFFICERS-, AGENTS AND ---EMPLOYEES 2000 MAIN STREET HUNTINGTON. -BEACH CA=:92648 p GROUP: 000046 POLICY NUMBER: 8019-2005 CERTIFICATE ID: 254 CERTIFICATE EXPIRES: 01m01-2006 01-01-2005/.01-01-2006 JOB: JOB #PC088,.CIVIC CENTER ADA ..ACCESSIBILITY IMPROVEMENTS, CC-1245 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject : to., cancellation by Fund except upon 30 days advance written notice to the employer. We will also give y6ui-36 days advance notice should this his policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein-. Notwithstanding any requirement; -ter.m or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it-maypertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ENDORSEMENT #1600 - RICHARD GARABEDIAN PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - DIECO DE ANDRADE VICE PRESIDENT - EXCLUDED. ENDORSEMENT #2065,ENTITLED..CERTIF.ICATE HOLDERS.'. NOTICE EFFECTIVE 01-01-2004 IS ATTACHED TO AND FORMS A PART OF THIVROLICY.'.. EMPLOYER 4-CON ENGINEERING, INC. PO BOX 2217 FONTANA CA-92334- &D-PROVED 4S To FOR IFER McGRATH, Cip(t' [B13,SJI PRINTED: 04-25-2005 SCIF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" PAGE 1 OF 1 0 10 4Engineering, 4 Inc. May 4, 2005 City of Huntington Beach 2000 Main Street Huntington Beach; CA 92648 Attentions Chris Mendoza, Risk Management Phone (714) 536-5252, Fax (714) 536-5212 Reference: Civic Center ADA Accessibility Improvements: CC-1245 Chris, 4-Con Engineering, Inc. has been awarded the above referenced project by the City of Huntington Beach. The project consist of the construction of ADA access routes from the main parking area to the back of the city hall and the lower police entrance. This will be accomplished by removing asphalt, concrete walks and concrete stairs. The new. construction will involve constructing ADA accessible- ramps and walkways. Construction features include concrete paving, masonry walls and aluminum handrails. Existing landscape and irrigation will be restored. The project is scheduled for 60 working days and would most likely start in early June 2005. The contract value to 4-Con Engineering is $ 233,905.00. - Should you need any further information, please call anytime. Sincerely, 4-Con Engineering, Inc. RKkGarabedian, P.E. President .L� File: PC088.001 y 1000 001*ON ZIZ99C917iLi F auiaaauieu3 uo,_b Sb:Ti S00Zi170/90 O INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST RECIEIVEI3 1. Requested by: Christi Mendoza, Risk Management MAY 1 0 2005 2. Date: May 4, 2005 oity0trtunnn9ton13eact` 3. Name of contractor/permittee: 4-Con Engineering, Inc. oitY ttorney's ofticp 4. Description of work to be performed: Civic Center ADA Accessibility Improveme and irrigation. 5. Value and length of contract: $233,905.00; 60 working days 6. Waiver/modification request: $5,000 deductible/General Liability Insurance 7. Reason for request and why it should be granted: Unable to comply with the city's zero deductible insurance requirement 8. Identify the risks to the City in approving this waiver/modification: None. Signature 51-9/� Date: APPROVALS Approvals must "tie obtaioed`in the: order listed on this form: Two approvals are 'regwred for a request to be granted: Approval from the _City Administrator's Office is only -required if Risk Management and the City. Attorneys Office disagree: 1. Risk Management glApproved ❑ Denied Signature bate 2. City Attorney's Office 'Slqpproved ❑ Deniety,a�Q Signatur Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved; the Comp leted.waiver/modfication request is to be submitted to he City Attomey's Office along -.with the: contract for approval- Once the contrail has been approved, .this form `is to -be filed with the Risk -Management Division of Administrative Services y Company Profile Page 1 of 2 Company Profile GREAT AMERICAN INSURANCE COMPANY 580 WALNUT ST CINCINNATI, OH 45202 800-724-7722 Former Names for Company Old Name: AMERICAN CONTINENTAL INSURANCE Effective Date: 12-06-1976 COMPANY Old Name: SELECTIVE INSURANCE COMPANY Effective Date: 06-15-1972 Old Name: MANUFACTURERS & MERCHANTS Effective Date: 09-05-1956 INDEMNITY CO. Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 16691 NAIC Group #: 0084 California Company ID #: 1301-1 Date authorized in California: October 17, 1945 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: OHIO x- Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log ssarv. AIRCRAFT http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p_E... 5/2/2005 Company Profile • Page 2 of 2 AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information F tr Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - November 04, 2004 11:18 AM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prof?p_E... 5/2/2005 RECEIVED BY: S • (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: S ' Freidenriich,, City Trea rer FROM: �- DATE: //Los — SUBJECT: Bond Acceptance I have received the bonds for W— ,)6 C-1 c (Company Name) Faithful Performance Bond No. S Labor and Material Bond No. Monument Bond No. Maintenance Bond No. /c::1S 77 Re: Tract No. CC No. MSC No. i Approved : !�S Agenda item No. . (Coun it Approvil Date) City Clerk Vault No. /. Wire WAR 4 #27 gJfollowup/bondletter doc • 0 CONTRACT BOND - CALIFORNIA Bond FS4784671 FAITHFUL PERFORMANCE - PUBLIC WORK Initial premium charged for this bond is $ 3, 9 76.00 subject to adjustment upon completion of contract at application rate on final contract price. KNOW ALL BY THESE PRESENTS, That 4--CON ENGINEERING, INC. of 14771 WASHINGTON DRIVE, FORTAW, CA 9ZJ54 as Principal, and the GREAT AMER I.CAN INSURANCE COMPANY a corporation organize and existing under the laws of the State of OH I O and authorized to transact surety business in the State of California, as Surety, are held and firmly bound into CITY OF HUNTINGTON BEACH- in the sum of TWO HUNDRED THIRTY—THREE THOUSAND NINE HUNDRED FIVE AND NO/100^ Dollars($ 233,905.00— ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and a_tisignS, jointly and severally, firmly by these present,;. THE CONDITION OF TIME FOREGOING OBLIGATION' IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated , with the CITY OF HUNTINGTON BEACH to do and perform the following work, to -wit: CIVIC CENTER ADA ACCESSIBILITY IMPROVEMENTS (41245) NOW, THEREFORE, if the above-abounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and scaled this 21ST day of APRIL 2005 4-CON ENGINEERING, INC. Principal iL c h4N t CA -3— vc-- tea.?M APPROVE AST FORM: ����� GREAT AMERICAN INSURANCE COMPANY �NIFER McGRgli City Attorney �7105 PAMELA MCCARTHY t ey-in-Pact 000051 12100 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California \ /) SS. County of San Bernardino On APRIL 21, 2005 before me, J Name and Title of Officer (e.g., "Jane Doe. Notary Public") Personally appeared Pamela McCarthy Name(s) of Signer(s) r04;�JANET L. MILLER "Z. Commission # 1311028 . Notary Public - Callfomla San Bernardino County My Comm. Expires Jul 20.2005 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/they executed the same in.Ws/her/their authorized capacity(ieg'), and that by leis/her/tbjeir signature(4on the instrument the person(--,-)-, or the entity upon behalf of which the personK acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator O Other: Signer is Representing: Top of thumb here State of California ss. County of San Bernardino On April 27, 2005 before me, Carrie DGarabean Nota Public aie TTWO , icer e.g., ane doe, Notary u Personally appeared Richard J. Garabedian , Name(s) of Zigner(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/ere subscribed to the "" d'A9E� within instrument and acknowledged to me that heisbeltaey CABBIE D. GARDU'; executed the same in hi:4her4hoi authorized capacity(ies), Commission a# 1337689 z Notary Public -California ; and that by hi-UheAheiF signatures) on the instrument the San t3emardino County personal, or the entity upon behalf of which the person(e) My nomm. Expires Jan 6, 2006 acted, executed the instrument. WITNESS my hand and official seal. signature 61 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: Pamela McCarthy Capacity(les) Claimed by Signer(s) Signer's Name: Richard J. Garabedian 01 Individual Corporate Officer Title(s): President Partner — ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer is Representing: 4-Con Engineering, Inc. Signer's Name: N/A 6 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: 0 • r�c� FS4784671 CONTRACT BOND - CALIFORNIA PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND KNOW ALL 13Y THESE PRESENTS, That we 4--CON. ENG INEER I.NG,, INC. and the GR FAT AMFR T(_AN INCL)PANrF COMPANY , a corporation organized and existing under the laws of the State of QH Lo and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto C T TY ()I- HL 1NT TUGION REACH . imthesumofTWO DR THIRTY—THREE THOUSAND NINE HUNDRED FIVE AND NO/100•• as Obligee, Dollars($ 233,905.00^ ) For the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated day of with the Obligee to do and perform the following work, to -wit: CIVIC CENTER ADA ACCESSIB-ILITY IMPROVEMENTS (CC--1245) NOW, THEREFORE. if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3 18 1 of the Civil Code of the State of California, or amounts due under the unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable atwrney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 21ST No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. day of APR IL , 2005 4--CON ENGINEERING, INC. Principal tZ t —V-(—VCK —I-, (,, a-ya)Pe cU a-t pt2 eS t GREAT AMERI.CAN INSURANCE COMPANY ByPa��)"/ P Atto y-iu-Fact PROVED S TO RM: 000052 12100 J IFER McGRAT mty Attgrnec �'("7V CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California \ /) SS. County of San Bernardino On APRIL 21, 2005 before me, Janet L. Miller, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy Name(s) of Signer(s) JANET L, MILLER _ Commission # 1311.028 -s Notary Public - California San Bernardino County My Comm. Expires Jul 20, = B-�-6rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(K) whose name(is/are subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in,bis/her/their authorized capacity(ie!�), and that by.lbis/her/their signature(4on the instrument the person(&)., or the entity upon behalf of which the personK acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of t4otary l5ublic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O x Attorney -in -Fact O Trustee O Guardian or Conservator O Other: Signer is Representing: General Number of Pages: Top of thumb here TERRORISM COVERAGE.RIDER NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk ofloss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. FS4784671. , effective APR IL 21, 1005 In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising -fro_irr-losses-for-Tensorist Ants-Gorti-fr-ed-urider that-A-ct— The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No. 0 14259 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorneyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL KELLY A. SAITMAN ONTARIO, UNLIMITED DONALD R. DES COMBES CALIFORNIA JANET L. MILLER PAMELA McCARTHY This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. - IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7's day of, APRIL , 2005. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVIO C. taTCHirt (513-369.3811) On this 7 ° day of APRIL , 2005, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. K?AH :N L BE.R.rn'( �`• NOTARY r V$�;+. S WC 0F v,;i� i M v0mfniSs 0�n `upire 02.1 B-09 o. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 21ST day of, APRTL , . 2.00.5 S 1029T (11/01) State of California ss. County of San Bernardino On April 27, 2005 before me, Carrie D. Garabedian Notarx Public , e erne a Tft� To i6er e.g., Tana UOS, Notary u is Personally appeared Richard J. Garabedian , Name(s) s o oer gs ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islafe subscribed to the .� within instrument and acknowledged to me that heishs4#ey CARRIE D. GARABEDIAN executed the same in hide* authorized capacity(ies4, Commission # 1337689 and that by him signatureW on the instrument the z Notary Public -California ; person(s), or the entity upon behalf of which the persor04 San Bernardino County acted, executed the instrument. FAY Comm. Expires Jan 6, 2006 WITNESS my hand and official seal. bIgn8tUrO OT Notary vublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: Pamela McCarthy Capacity(ies) Claimed by Signer(s) Signer's Name: Richard J. Garabedian I Individual Corporate Officer Title(s): President Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: 4-Con Engineering. Inc. Signer's Name: NIA Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: 04/28/2005 14:28 97403300 GAIC PAGE 02/02 Nt= 3597 STATE OF CA%IFOftNIA DEPARTMENT OF INSURANCE SAN MUNCISCO AMENA>;D Certificate of Authority 'Ipza Iy To CERLWY, That, pwswaat to the Insurance Code of the State of California, GREAT AMERICAN INSURANCE COMPANY of CIuCINNATI, Or410 , organized under the laws of OHIO subject to its Artiries of Incorporation or other fundamental organizatiossal documents, is hereby authorised to transact within this State. subject to all provisions of this Cerhf' Coate, the taUowing dams of insurance! Fin, MARIN1r, SURETY, DISABILITY, PLATE GLASS, LIABILITY, WORKERS' COMPENSATION, COMMON CARRIER LIABILITY, BOILER AND MACHINERY, BURGLARY, CREDIT, SPRINKLER, TEAM AND VEHICLE, AUTOMOBILE, AIkCRAFT and MISCELLANEOUS as such classes are now or may hereof ter be defined in the Insurance Latw of the State of California. TWS CEMrrren= is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable lawn and lawful requirements made under anthorfty of the laws of the State of California as long air such laws or requirements are in effect and applicable, and as such lam and requirements now arc, or may hereafter be Changed or amended. IN w=nm Wxmaaor, effective as of I9..2li, I have hereunto set my hand and catsed my official seal to be a Reed this.... 6 th day of._...... r1ESLEY J. KINDER tp,.�an Con�4dann 8y O J. FADER Quali&eatien with the Seeratarr of Stags must be ac omplisbed as required by the Calffomla Corporations Code promptly after issuance of this Certificate of Authority. inllure to do to will be a violation of Ins. Code Sec- 701 and Will be growtda for tevoldag this CertiGentc of Authority pursuant to the covenants mado in the appbtattion therefor and the conditions contained herein. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK To: Or'33,-,X61-61-70/� CALIFORNIA 92648 Enclosed please find your original bid bond issued by i �=-y L for Joan L. Flynn City Clerk JF:pe Enclosure gJfollowvp/cashcont/retumbidbond.doc (Telephone: 714-536.5227 ) SECTION C PROPOSAL for the CIVIC CENTER ADA ACCESSABILITY IMPROVEMENTS CASH CONTRACT No. CC# 1245 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE_ MAYOR AND MEMBER_ S OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and .to. furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work .within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth ik the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are. solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. ' C-1 . If awarded the Contract, felundersigned agrees that in the event o� the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find. Bidder' sBondin the amount of $ (10% of bi"ich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall. signify receipt of all Addenda here, if any: Addenda No. Date Received::. . ' Bidd&VSi nature. C-2 M LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State`Lieense Class _df Work Number Air Heat Electric,Inc. Electri a:-441 West Lincoln Ave. #1 851740 C10 na eim, CA 928U] Concreta Asphalt Commercial Paving & Coating 2809 W est Avenue 37 475564 C32, A Los Ange es, CA 90Ubb By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 ON OLL SION AFFIDAVI C U TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange John D. Rezko , being first duly sworn, deposes and says that he or she is Chief Executive Officer of Hallmark Construction, I[Mcparty making the foregoing bid that the bid is not .made in the interest of, or on the 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, or 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 fee to any corporation, partnership, cdmpany association; organization, bid depository, or to any member or agent thereof to -effectuate a collusive or sham bid. Hallmark Construction, Inc. Name of Bidder John D. Rezko; C.E.O. Signature of Bidder C.1E. 0, _ 1.4130.Alondra Blvd, Suite H Santa Fe Springs, CA 90670 Address of Bidder Subscribed and sworn to before me this Zlqth day of aV G h , 2005. . CHRISTINA GONZALEZ Commission # 1479590 01my Notary Public - Colltomia Los Angeles County Comm. Expires Mar 30.2008 NOTARY PUBLIC NOTARY SEAL ,, C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CIVIC CENTER :ADA ACCESSABILITY IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, s hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be perfo'rmed:and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that- the provisions herein shall -be and are binding upon any subcontractor or subcontractors thaf may be retained or employed by the undersigned, and that the undersigned shall take steps, as .are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: March 29,. 2005 Hallmark Construction, Inc. Contractor John._D...Re.zko, C.E.O. By. Title " C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any .officer of the Bidder or. any employee of the Bidder who. has a proprietary interest in the Bidder. ever, been disqualified,, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 13 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6: COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: March 29, 2005 Hallmark Construction, Inc. Contractor John D. Rezko, C.E.O. BY C./�.o. Chief Executive Officer Title C-7 U DERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by.the awarded Contractor prior to excavation) No excavation will be permitted until this form -is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Hallmark Construction, Inc. Contractor John D. Rezko, C.E.O. By Chief Executive Officer Title Date: March 29, 2005 Note:. This form is required for every. Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be. obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Hallmark Construction, Inc. Bidder Name 14130 Alondra Blvd, Suite H Business Address Santa Fe Springs CA 90670 City, State Zip ( 562 ) 802-1311 Telephone Number 843062 A,B - State Contractor's License No. and Class July 20, 2004 Original Date Issued July 31, 2006- Expiration Date The work site was inspected by Mutaz Ascha . of our office on March 24 220 05 The following are persons, firms, and corporations having a principal interest in this proposal: John D. Rezko, C.E.O. " C=9 The undersi-tined is Drenare3to satisfy the Council of the Citv of H• eton Beach of its abilitv. financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Hallmark Construction, Inc. Company Name C.C.o. Signature of Bi V John D. Rezko, C.E.O. Printed or Typed Signature Subscribed and sworn to before me this21'oday of MGrCh , 2009 . ro CHRISTINA GONZALEZ Commission # 1479590 Notary Public - California Los Angeles County ' My Comm. Expires Mar 30, 2008 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No..of Project Manager: Contract Amount Type. of Work Date Completed C-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): T2 -A Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall. apply to the prime contractor's_ sub -contracts related to this project. Contractor: Hallmark Construction, Inc. Contact Person: John D . Re zko, C.E.O. Contact Phone: (562 ) 802=1 31 1 Signed: G . Date: MarA 29, 2005 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must. be submitted by the bidders and proposed sub -contractors only -in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act; as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 *PROJECT BID SCHEDULE 0 :1-teffil ....... : ............. ......................... ........................................ ................. ..................................................................................... ............... ................ ........ ................ .............................. ..... Mobilization LS @ Twenty Thousand Dollars $ $ 20,000 Cents Per LS 2 190 Sawcut and Remove Existing Curb LF @ Fifteen Dollars $ 15.00 $ 3,800 Cents Per LF 3 1100 Sawcut and Remove Existing Concrete/AC Pvmt SF @ Three Dollars $ 3.00 $ 3,300 Cents Per SF 4 1 Sawcut and Remove Interfering Portions of Existing Concrete Stairs LS @ Twenty Five Thousand Dollars $ $ 25,000 Cents Per LS 5 1 Remove Existing Concrete Wing Wall LS @ Nine Thousand Dollars $ $ 9,000 Cents Per LS 6 1 Sawcut and Remove Existing Concrete 14C Ramp LS @ Ten Thousand Dollars $ $ 10,000 Cents Per LS 7 1 Sawcut and R;move Interfering Portions of Existing Concrete Swale LS @ Three Thousand Dollars $ $ 3,000 Cents Per LS 8 150 Construct Concrete Retaining Curb LF @ Thirty rt-y .1;jx Dollars $36-00 $ 5,400 Cents Per LF 9 150 Construct Concrete Curb, Type &.2 LF @ .Twenty Five Dollars 25.00 3,750 Cents Per LF 10 2845 Construct Concrete Sidewalk SF @ Five Dollars $ 5.00 $ 14,225 Cents Per SF C-Is *PROJECT BID SCHEDUi,F • t�a�ii:: stirlr�te terti:rV; t :�pro�>': t.�e:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:� �• ;te�e �Y`� :�:�'Kfii�eff:Elf:VlrOf'd3:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�::� ':'�If1Et�Pi�iC������ � •ttfl>�:�:��� �:Ai>IfQ 11 1 Construct Ramp with handrails adjacent to Council Chambers - EA @ Twenty Thousand Dollars $ $ 20,000 Cents Per EA 12 415 Construct CMU Retaining Wall SF @ Twenty Dollars $ 20.00 $ 8,300 Cents Per SF 13 55 Structural Backfill CY @ Twenty Dollars $ 20.00 $ 1,100 Cents Per CY 14 1 Install Handrails on CMU Retaining wall Fourteen Thousand LS c@ 'ewe Hundred Ri fty Dollars $ $-+-4-, 950 - Cents Per LS 15 1 Install Handrails on concrete walk over Police Building LS @Nine Thousand Five Hundrdbllars $ $ 9,500 Cents Per LS 16 250 Install PVC Electrical Conduit for Walkway Lights LF @ Fifteen i Dollars $ 15.00 $ 3, 750 Cents Per LF 17 250 Install Steel Electrical Conduit for Walkway Lights LF Q Twenty Dollars $ 20.00 $ 5,000 Cents Per LF 18 10 Install Walkway Lights EA p Two Thousand Dollars $2,000.00 $ 20, 000 Cents Per EA 19 2 Install Electrical Pullbox for pathway lighting EA @ One Thousand Dollars $1 , 000.00 $ 2,000 Cents Per EA 20 1 Earthwork/Grading LS @ Twenty Thousand Dollars $ $ 20, 000 Cents Per LS C-2s • PROJECT BID SCHEDULE I. tk ............... ... .......... U>nit Pricy. . . . . . 21 1 Landscaping (irrigation relocations, shrub & root trimming) LS @ Twenty Thousand Dollars $ $ 20,000 Cents Per LS 22 4500 Sod Replacement sf @ Two Dollars $ 2.00 $ 9,000 Cents Per sf 23 4 Cherry Tree Removal and replacement EA @One Thousand Five Hundred)ollars $ 1 , 500 . OC $ 6, 000_ Cents Per EA 24 8 Salvage/Replace existing Handicap Parking Signs EA @ one Hundred Dollars 100.00 $ 800 Cents Per EA 25 6 Install Handicap Path of Travel Sign EA @ Nine Hundred Dollars $ 900 Cents Per EA 26 11 Install Concrete Wheel Stop EA @ Three Hundred TwQnty Dollars $ 320 Cents Per EA 27 Clean—up & Safety Three Thousand Dollars @Sj:x Hundred Five $ . $ 3,605 Cents Per Total Amount Bid in Figures: $ 242,000.00 Total Amount Bid in Words: Two Hundred Forty Two Thousand Dollars .......................................................................................................................... C-3s FINANCIAL PACIFIC INSURANCE COMPANY P.O. Box 292220, Sacramento, CA 95826 BID BON]) B801846 BID DATE March 29, 2005 KNf(..)W ALL MEN BY "THESE PRESENTS: That we Hallmark Construction, Inc. as Principal, hereinafter called the Principal, and FINANCIAL PACIFIC INSURANCE COMPANY of Sacramento, California, a corporation duly organized under the laws ofthe State of California as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid (10.00% ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, Jointly and severally, firmly by these presents. Wl-ll-REAS, Principal has submitted or is about to submit a proposal to the Obligee for: Cash Contract 1245 - Civic Center ADA Accessability Improvements NOW, TH EREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specific, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal. shall fail to do so, pay Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; other rise to remain in full force and effect. Signed and Sealed this 28th day of Financial Pacific Insurance Company (Surety) Elizabett6k Juarez orney-in-Fac March, 2005 Hallmark Construction, Inc. (Prin 11 • l.) By: 0- h . o Joh D. Rel2ko, C.E.O. STATE OF CALIFORNIA )ss. COUNTY OF PLACER On this 28`h day of March , 20 05 , before me Rebekah Moeller, a Notary Public in and for the State of California, personally appeared Elizabeth A. Juarez personally known to me (or proved to me on the basis of satisfactory evidence) to be the person .(s) whose name(s)(is re subscribed to the within instrument and acknowledged to me that heA&fhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 1"d2� 4N.t BEKAH MOELLER COMM.111471�89M ary Publlo•CalitmlaWPLACER COUNTYyComm.xFab 21, 20084Ti'PY'Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California rr �� /� County of WS A ac/ I �S ss. On ��G I� 2� , Zw`� before me, Date me and Title of Officer (e.g.. -Jane Doe, Notary Publicl personally appeared jow 0- elfz.Ko Nama(s) of Signer(s) CHRISTINA GONZALEZ Commission # 1479590 -m Notary Public - California Los Angeles County My Comm. Expires Mar 30, M ❑ personally known to me 1K proved to me on the basis of satisfactory evidence to be the person( whose name(sis/are subscribed to the within instrument and acknowledged to me that he/sheMvy executed the same in hisAwfi 4eir authorized capacity(jp ), and that by his/he#their signature(gj on the instrument the person(B), or the entity upon behalf of which the person(K acted, executed the instrument. WITNESSmy hand and official seal. Signal re of tary Pu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: &P�q I Document Date: kNrcil Zq, kV5 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 LIMIT*D POWER OF ATARNEY Financial Pacific Insurance Company BOND NUMBER B801846 POWER NUMBER 801846 PRINCIPAL Hallmark Construction, Inc. PENAL SUM 10% of amount bid KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: Eric J. Fedors, Melanie J. Huff, Elizabeth A. Juarez its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf ofsthe,Cotnpany as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or�other written obligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and Miscellaneous Bonds-.up*to $3,000,000.00 and to bind the Company thereby. This Power of resolutions adopted by the Board of Directors of Fir full force and effect: -r and by the authority of the following duly held July 6, 1995, which are now in RESOLVED.,�that;[h P,resiilent or an yy VicesP,resia6—R",ih, o unctionAWt_l `then Seciefary or attorneys -in -fact or agents wikh,authont as de rmed¢opr hmitedSin the mstrumenFevidencing'Ehe appotiit the Company, to execute an� de`1ig�'T Rid` affix=the seal of the Company to;:bonds unbdertaktng's, recogn►z kinds; and said officers mayremoveariysuchafgtoitttyey m� factior} agent and revoke anypowec of attorney E YYi X^x '1 hSi i K f 4_r i RESOLVED, -FURTHER, thatsan�+ bonidS iindec[aking recognizance or suretyyship�obhgatioi Company when signed and sealed (if a sea[berequire)by one or mole attorneys in�fact. pursuant_to evidenced by the power of attorney issued bj�4thfe Compahy to\such persotito�r perns� , RESOLVED FURTHER, t�hat'thelsigg�nature of any autlionzed_officei and�the1s6ft of fhe,Comp power of attorney or certification`iheie'of,aut6orizmg the execution and;dekvery of any bond*;d derfA obligations of the Company an such signat. ure and seal when so used shalthavehe same force and effi Pp. ft Assistant Secretary, may appoint in each case, for and on behalf of and suretyship obligations of all iotisly granted such person. [!,be *valid and{biding upon the within the :limits; -of the authority iay be affize' by facsimile to any recognizancekor other suretyship though manually affixed. u its On�4iiisil5th day ofiMafchif2004' personally came before me kobe&T.`Kmgsley,and John R. Hollingshead, to me known to be the indi_v_idualsrand,officers of N' "cial,Pacificinsararice Qom ' " parry; who executed the above_instrument andithey have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. A19_0t2h, REBEKAH WELLER .-ewCOWA. #1471389 T WRotary PubUc-UROmla fA r PLACMCOUN,v S Rebekah Moeller, Notary Public Comm. Exp. Fab 21, 2008 CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board o Directors set forth, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. th Signed and sealed at Sacramento, this 28 day of March 20 05 John ollingshead, Secretary Financial Pacific Insurance Company seal must be affixed b FINANCIAL PACIFIC Ad h i Bond #B801846 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. F - +I�4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION HUNTINGTON BEACH TO: Jennifer McGrath, City Attorney FROM: Joan L. Flynn, City Clerk TF DATE: May 20, 2005 SUBJECT: Request for Clarification — CC-1245 Lift Station "D" Project At the September 7, 2004 Council Meeting, the City Council approved plans & specifications and authorized advertisement of bids for the Civic Center ADA Site Accessibility Project — CC-1245. On April 18, 2005 Council awarded construction of the contract to 4-Con Engineering for the Civic Center ADA Project — CC-1272. Public Works staff stated their records all reflect CC-1245 on this job. Please refer to attached copies for your convenience and confirm your opinion by checking the appropriate box and signing below. Can be considered a typing error, be corrected and submitted for: recordation without a return to Council. J ❑ Needs to return to Council. City Attorney's comments and signature: G: Patricia/attomeyc lari ficationmemo Council/Agency Meeting Held: Deferred/Continued to: `Approved ❑ Conditionally Approved ❑ Denied C' er s Sig ure Council Meeting Date: 4/18/2005 Departme Number: PW 05-026 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION P SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE LBRET -GRAFT, l CITY ADMINISTRATOR PREPARED BY: PAUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS =' l *DAVID BIGGS, DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: Award Construction Contract for the Civic Center ADA Improvement Project, CC 127-2 CC-4.24/ Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids have been received for the Civic Center ADA Improvement Project, CC-1272. Staff recommends the award to 4-Con Engineering, Inc., who submitted the lowest responsive and responsible bid. Funding Source: Funds in the amount of $250,000 are available from a Community Development Block Grant (CDBG) FY 2003/04, Account No. 86687501.82200. Additional funding of $45,000 has been approved, in accordance with the City's Citizen Participation Plan. The engineer's estimate for this project was $200,000. Recommended Action: Motion to: 1. Approve the project plans and specifications;' 2. Accept the lowest responsive and responsible bid submitted by 4-Con Engineering, Inc. in the amount of $233,905 for the Civic Center ADA Improvement Project, CC-1272; 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract; and 4. Authorize the Director of Public Works to expend up to fifteen percent (15%) in construction change orders. Alternative Actions : Do not authorize award of this contract and direct staff on how to proceed. FU • REQUEST FOR ACTION • MEETING DATE: 4/18/2005 DEPARTMENT ID NUMBER:PW 05-026 Analysis: On February 2, 2004, the City Council authorized the expenditure of CDBG funds for improvements to the Civic Center to meet the Federal Americans with Disabilities Act (ADA). The project will consist of improvements including signage, ramps and sidewalks to provide adequate handicapped access to the Civic Center buildings including the City Council Chambers and jail. Bids were opened publicly on March 29, 2005, and are listed in ascending order: Bidding Contractor 1. 4-Con Engineering, Inc. 2. Hallmark Construction, Inc. Bid Amount $ 233,905.00 $ 242,000.00 The reference check for 4-Con Engineering, Inc. provided acceptable responses from past clients. Staff recommends that the City Council accept the bid from 4-Con Engineering, Inc., the lowest responsive and responsible bidder. As the contract amount is relatively small, any unforeseen conditions could result in a change order in excess of 10 percent. Therefore, staff is recommending that the contingency amount be increased to 15 percent in compliance with Resolution No. 2002-119, which requires prior City Council authorization so that construction will not be delayed. Public Works Commission Action: The Public Works Commission reviewed and unanimously approved this project on June 16, 2004. Environmental Status: This project has been determined to be Categorically Exempt. Attachment(s): Sample CDBG Funded Construction Contract G:\R C A\2005\05-026 Apr 18 Erdman (Award Civic Center ADA).doc -2- 4/6/2005 7:33 AM ATTACHMENT #1 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- agree/forms/federal CDGB 4-03 1 income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully. familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in agree/forms/federal CDGB 4-03 2 this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; agree/forms/federal CDGB 4-03 3 1] u E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or. adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. agree/forms/federal CDGB 4-03 4 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is -to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly 4 conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work agree/forms/federal CDGB 4-03 5 necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in agree/forms/federal CDGB 4-03 6 0 0 the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set agree/forms/federal CDGB 4-03 7 forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused' by fire or agree/forms/federal CDGB 4-03 8 • u other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, agree/forms/federal CDGB 4-03 9 whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. agree/forms/federal CDGB 4-03 10 a 0 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as.will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the agree/forms/federal CDGB 4-03 11 i �► substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active agree/forms/federal CDGB 4-03 12 • or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering agree/forms/federal CDGB 4-03 13 • 0 the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. agree/forms/federal CDGB 4-03 14 • C� CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice agree/forms/federal CDGB 4-03 15 • to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 `/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/forms/federal CDGB 4-03 16 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate agree/forms/federal CDGB 4-03 17 0 • different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent . of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/federal CDGB 4-03 18 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. agree/forms/federal CDGB 4-03 19 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, agree/forms/federal CDGB 4-03 20 shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts agree/forms/federal CDGB 4-03 21 and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES 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 l(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 29 CFR 5.5(a)(1)(iv); 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 agree/forms/federal CDGB 4-03 22 regard to skill, except as provided in 29 CFR Part 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 29 CFR Part 5.5(a)(1)(ii) 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 con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD 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. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee 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 HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized agree/forms/federal CDGB 4-03 23 representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement 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. 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 agree/forms/federal CDGB 4-03 24 • 0 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 (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee 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 Agreement or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of agree/forms/federal CDGB 4-03 25 wages required by the Agreement. 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 Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, 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, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. agree/forms/federal CDGB 4-03 26 0 0 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. 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, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, 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 Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) 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. agree/forms/federal CDGB 4-03 27 r 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 Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, 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. 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 agree/forms/federal CDGB 4-03 28 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 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. 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work 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 agree/forms/federal CDGB 4-03 29 of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(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 the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) 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 Agreement and shall certify the following: agree/forms/federal CDGB 4-03 30 That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement 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 29 CFR Part 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 Agreement. 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. 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. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the 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, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, agree/forms/federal CDGB 4-03 31 9 • failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee 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 contract, 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 subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement 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 Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, agree/forms/federal CDGB 4-03 32 • • rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the 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 HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, 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) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this Agreement 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 agree/forms/federal CDGB 4-03 33 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of -influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. agree/forms/federal CDGB 4-03 34 Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, 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 is otherwise entitled. 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work agree/forms/federal CDGB 4-03 35 0 0 in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. guards. As used in this section, the terms "laborers" and "mechanics" include watchmen and 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER s POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, agree/forms/federal CDGB 4-03 36 i indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such' requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize 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 USC Section 6201, et seq. ). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee 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 Agreement clauses in 29 CFR Part 5.5. agree/forms/federal CDGB 4-03 37 60. CONTRACT TERMINATION; DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement 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 eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. agree/forms/federal CDGB 4-03 38 • • B. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, 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 Distract 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 subparagraph (A) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or agree/forms/federal CDGB 4-03 39 0 9 warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR print name ITS: (circle one) Chairman/President/Vice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/federal CDGB 4-03 40 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works i • FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 3. COMPENSATION 4. COMMENCEMENT OF PROJECT 5. TIME OF THE ESSENCE 6. CHANGES 7. NOTICE TO PROCEED 8. BONDS 9. WARRANTIES 10. INDEPENDENT CONTRACTOR 11. LIQUIDATED DAMAGES/DELAYS 12. DIFFERING SITE CONDITIONS 13. VARIATIONS IN ESTIMATED QUANTITIES 14. PROGRESS PAYMENTS 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 17. WAIVER OF CLAIMS 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 20. INSURANCE 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 22. NOTICE OF THIRD PARTY CLAIM 23. DEFAULT & TERMINATION 24. TERMINATION FOR CONVENIENCE 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 26. NON -ASSIGNABILITY 27. CITY EMPLOYEES AND OFFICIALS 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 29. NOTICES 30. SECTION HEADINGS 31. IMMIGRATION 1 2 2 4 5 5 5 6 6 7 7 7 9 10 11 11 12 12 12 13 13 14 15 15 16 16 17 17 17 17 18 18 J • FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Pam 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 19 34. INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 20 37. CONSENT 20 38. COMPLIANCE WITH APPLICABLE REGULATIONS 20 39. MINIMUM WAGES 22 40. PREVAILING WAGE LAW 25 41. WITHHOLDING 25 42. HEALTH AND SAFETY 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 27 44. APPRENTICES AND TRAINEES 27 45. PAYROLLS AND BASIC RECORDS 29 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 32 47. SUBCONTRACTS 32 48. FEDERAL PARTICIPATION 32 49. DAVIS-BACON ACT 33 50. DISPUTES CONCERNING LABOR STANDARDS 33 51. CERTIFICATION OF LIABILITY 33 52. DISCRIMINATION, MINORITIES, ALIENS 34 53. EQUAL EMPLOYMENT OPPORTUNITY ..34 54. COPELAND "ANTI -KICKBACK" ACT 35 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION POLLUTION CONTRACT ACT ..36 57. ENERGY CONSERVATION ..37 58. HOUSING AND URBAN DEVELOPMENT 37 59. SUBCONTRACTS 37 60. CONTRACT TERMINATION; DEBARMENT 38 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 38 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 38 63. ENTIRETY 39 Fa RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for the Civic Center ADA Improvement Project, CC-1272 /o7<4 COUNCIL MEETING DATE: Aril 18, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) AttachedNot Applicable El(Signed in full by the City Attome Subleases, Third Party Agreements, etc. Attached Not Applicable 11 (Approved as to form by City Attome Certificates of Insurance (Approved the CityAttome PP b y Y) Attached Not Applicable Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached Applicable ❑Not Staff Report (If applicable) Attached Applicable ElNot Commission, Board or Committee Report If applicable) p ( pp ) Attached Not Applicable El Findin s/Conditions for Approval and/or Denial g pp Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR A DED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ) EXPLANATION FOR RETURN OF ITEM: RCA Author: Douglas Erdman Council/Agency Meeting Held: o Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied ity er s Si tu" y r IT I Council Meeting Date: September 7, 2004 Departmen Number: PW04-070 Y CITY OF HUNTINGTON BEACH REQUEST FOR ACTION A �~ Cr SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS' r SUBMITTED BY: PENELOPE CULB(-ETH-G AFT, City Administr for a -r PREPARED BY: ROBERT F. BEARDSLEY, PE, Director of Public Works VAVID C. BIGGS, Director of Economic Development SUBJECT: Authorize Advertisement for Civic Center ADA Site Acc ssibility Project, CC-1245 � F Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications are in final preparation for the Civic Center ADA Site Accessibility Project; CC-1245. Authorization to advertise the project for bids is requested. Funding Source: Funds for this project in the amount of $210,000 are available from a Community Development Block Grant--FY 2003/04, Account Number 86687501.82200. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for the Civic Center ADA Site Accessibility Project; CC-1245. Alternative Action(s): Direct staff not to move forward with the project at this time. Analysis: On February 2; 2004, the City Council authorized the expenditure of funds for improvements to the Civic Center to meet the Federal Americans with Disabilities Act (ADA). The project will consist of improvements including signage, ramps, and sidewalks to provide adequate access to the Civic Center buildings including the City Council Chambers and the jail. 0 REQUEST FOR ACTION 0 MEETING DATE: September 7, 2004 DEPARTMENT ID NUMBER: PW04-070 Public Works Commission Action: The Public Works Commission reviewed and unanimously approved this project on June 16, 2004. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s): None RCA Author: D. Erdman GAR C A\2004\04-070 Sept 7 Erdman (Authorize Bid City Hall ADA).doc -2- 811712004 4:30 PM 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorize Advertisement for Civic Center ADA Site Accessibility Project, CC-1245 COUNCIL MEETING DATE: September 7, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: D. Erdman 11 SECTION A A,�_- a /ems_lbs_ 0 _�L15 C4 Is r/ - NOTICE INVITING SEALED BIDS for the CIVIC CENTER ADA ACCESSABILITY IMPROVEMENTS CASH CONTRACT No. CC# 1245 in the . CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on March 29, 2005. Bids will be publicly open in the Council Chambers unless otherwise posted. 3 3/id /o s Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $30.00 non-refundable fee if picked up, or payment of a $40.00 non- refundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which. are on -file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach. CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, The 7th day of September 2004. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH MJ.e � • CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92 64 8 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Once 2000 Main Street Huntinqton Beach, CA 92648 Fax (714) 374-1573 Date: February 25, 2005 Project/C.C. No.: C.C. No. 1245 Regarding: Civic Center ADA Accessibility Improvements ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following Items: ❑ Shop drawings ❑ Prints ElPlans ElSamples El specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies Pages Description 1 1 2 Notice Inviting Sealed Bids 2 Civic Center ADA Accessibility Improvement, CC-1245 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On September 7, 2004, the City Council authorized the advertisement of the Civic Center ADA Accessibility Improvement project. Please find attached the Notice Inviting Sealed Bids for advertisement on 3/03/05, 3/10/05 & 3/17/05. Bid opening is scheduled for 3/29/05 @ 2:00 pm. Please contact me at 374-1735 with any questions you may have. c: file By: ouglas A. Erdman, Associate Civil Engineer GACONSTxuCnON CONTRACTS (CCS) \CC 1245\JOB HOUSE\NISB TRANSMrrALTo CLERK CC-1245.DOC CAY CIe k •� arm, City of Huntington Beach i Civic Center ADA Improvements Z LIP UNTINGTON BEACH CC-1245 Bid Date & Time: March 29, 2005 2:00 P.M. Engineer's Estimate: $175,000 BIDDER'S NAME RANK TOTAL BID AMOUNT lr7ee-ril 03 3, L?OS Z Coo 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Page 1 of 1 PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. SECTION A tington Beach, CA 92648. NOTKEIKMNGSUB The AGENCY will COUNTY OF ORANGE ) duct a 10% retention BIDS for the from all progress pay- CIVICCENTERADA ments. The Contractor ACCESSBIwy Tay substitute an es- crow holder surety of I am a Citizen of the United States and a IMPROVEMENTS equal value to the }y resident of the County aforesaid; I am • CASH CONTRACT retention accordance with the provisions of Ne.0 I245 the California Govern- over the age of eighteen years, and not a int6MYOF ment Code, Section 4590. The Contractor parry to or interested in the below entitled ITNG NOTICE IS NOTICE shah be beneficial owner of .the surety and shall matter. I am a principal clerk of the PUB PUBLIC LIC HEREBY GIVEN that the receive any interest thereon. CITY OF HUNTINGTON BEACH, aAGENCY,' The AGENCY hereby HUNTINGTON BEACH INDEPENDENT, invites sealed bids for affirmatively ensures the above stated' that minority business a newspaper of general circulation projects and will receive enterprises will be full such bids in the office afforded opportunity printed and published in the City of of the City Clerk, Second to submit bids in re- spouse to this notice Floor, 2000 Main Street, and will nogdis- Huntington Beach County of Orange Huntington Beach, Cali- forma 92648, to the criminated against on t t State of California, and that attached up hour of 2:00 p.m. on the basis of race, color. national origin, ancestry, Notice is a true and complete copy as March 29, 2005. Bids will be publicly open in the Council Chambers unless sex, or religion in any consideration leading to otherwise posted. the award of contract. was printed and published in the Copies of the Plans, No bid shall be con - it is Specifications, and sidered unless Huntington Beach Issue of said contract documents are prepared on the ap- Proposal forms newspaper to wit the Issue(s) of. available from the Office of the Director of Public Works, 2000 Main Droved In conformance with the Instructions to Bidders. Street. Huntington ,The bid must be ac- Beach. CA 92648. upon companied by a certified payment of a $30.00 non- check, cashier's check, refundable fee if picked or bidder's bond made up, or payment of a payable to the AGENCY $40.00 non-refundable for an amount no less fee if mailed via U.S. than 10°% of the amount MARCH 3 , 10 , 17 , 2005 Postal Service, FedEx, bid. The successtuI UPS or any other de- bidder shall be licensed livery service in accordance with Any contract entered provisions of the Busi- into pursuant to this ness and Professions notice will incorporate Code and shall possess the provisions of the a State Contractor's License Class at thei State Labor Code. Pur- suant to the provisions time of the bid opening. of of the Labor Code of the The successful Con declare, under penalty of perjury, that State of prevailing the minimum prevailing rate tractor and his sub contractors will be of per diem wages for required to possess the foregoing is true and correct. each craft, classification business licenses from the AGENCY, or type of workman needed to execute the The AGENCY reserves contract shall be those determined' by the the right to reject any or all bids, to waive any Executed on MARCH 17 � 2UU5 Director of Industrial irregularity and to take Relations of the State of all bids under advise - Costa Mesa California. California, which are Penodof60dafor a ysaximum at f he file at the Office of the Director of Public Works. BY ORDER of the CITY 2000 Main Street, Hun- COUNCIL of the CITY OF tington Beach, CA 92648. HUNTINGTON BEACH, This is a Davis -Bacon CALIFORNIA, The 7th day project and the Federal . Regulations will. be enforced. Any contract of September 2004_ Attest: n L. Flnn ,CITYCLERK Signature entered into pursuant to OF THE CITY OF this notice will in poste the provisionss o of HUNTINGTON BEACH the Federal Labor Published Huntington Beach Independent Standards, which are file at the office of the he March 310172005 . . , Director of Public Works, 200Q Main Street. Hun 031-506 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. - -- --- - - COUNTY OF ORANGE ) 92648. SECTION tingtonBeach, CY The AGENCY will de- duct a 10% retention BIDS fix the from all progress pay - I am a Citizen of the United States and a AVKCENTER ADA ments The Contractor rPo substitute an es- A((ESSIBtlT7( crow holder surety of resident of the County aforesaid; I am IMPROVEMENTS equal value to the 'in over the age of eighteen years, and not a retention accordance of CASHCT heh Californiathe pro's Gions overn- NQ.((# 124245 party to or interested in the below entitled i ment Code, Section In&CITY OF 4590. The Contractor matter. I am a clerk of the HUNTINGTON BEACH shall be beneficial owner IS of the surety.and shall principal HUNTINGTON BEACH INDEPENDENT, PUBLIC NOTICE HEREBY GIVEN that the receive any interest CITY OF HUNTINGTON thereon. BEACH, as AGENCY, The AGENCY hereby a newspaper of general circulation invites sealed bids for affirmatively ensures that minority business above stated City printed and published In the City of projects and will receive enterprises will be afforded full opportunity Huntington Beach County of Orange such bids in the office of the City Clerk, Second to submit bids in re - ice spouse to this notice f � Floor, 2000 Main Street, and will not don State of California, and that attached Huntington Beach, Cali - m n fornia 92648, up to the crimated against o hour of 2:00 p.m 'on the basis of race, color, Notice Is a true and complete copy as March 29, 2005. Bids will national origin, ancestry, id in was printed and published in the be publicly open in the sex, or religion any Council Chambers unless consideration leading to the award of contract. otherwise posted. Huntington ton Beach issue of said 9 con - Copies the Plans, de bid shall be con- sidered unless it is newspaper to wit the Issue(s) of: fi at Specifications, and contract documents are prepared on the ap- Proved Proposal forms available from the Office of the Director of Public in conformance with the Works, 2000 Main Instructions to Bidders. Street. Huntington The bid must be ac- companied by a certified Beach, CA 92648, upon payment of a $30.00 non- check, cashier's check, refundable fee if picked or bidder's bond made payable to the AGENCY MARCH 3 10 17 2005 up, or payment of a $40.00 non-refundable for an amount no less , , , fee if mailed via U.S. than 10% of the amount Postal Service. FedE bid. The successful UPS or any other de- bidder shall be licensed livery service in accordance with Any contract entered provisions of the Busi- ness and Professions into pursuant to this notice will incorporate Code and shall possess the provisions of the a State Contractor's License Class at the declare, under penalty of perjury, that State Labor Code. Pur- suant La the provisions time of the bid opening. of the Labor Code of the The successful Con - State of California, the tractor and his sub the foregoing is true and correct. minimum prevailing rate contractors will be required possess s of per diem wages for business licenses from ce each craft, classification the AGENCY. Executed on MAReH 17 , 2005 or type of workman needed to execute the The AGENCY reserves contract shall be those the right to reject any determined by the or all bids, to waive any Costa Director of Industrial irregularity and to take at Mesa California. f Relations of the State of all bids under advise - ment for a maximum California, which are on period of 60 days. file at the Office of the Director of Public Works, BY ORDER of the CITY 2000 Main Street. Hun- COUNCIL of the CITY OF tington Beach, CA 92648. HUNTINGTON BEACH, This is a Davis -Bacon CALIFORNIA, The 7th day of September 2004. Signature project and the Federal Attest: Regulations will be enforced. Any contract soap L. Flynn entered into pursuant to CITY CLERK OF THE CITY OF this notice will incor- porate the provisions of HUNTINGTON BEACH the Federal Labor Published Huntington Standards, which are on Beach Independent March 3, 10, 17. 2005 file at the office of the 031-506 Director of Public Works, 70. 00 M?jn Strerty__ _"H un- . . � �<-.ahi to ,'.'ai` - +I SECTIONA .bids, to waive any rojects and will receiv!. NOTICE INVITING SEALED such bias in the offic?.e the hilarity and to take _ 81�5 of the City Clerk, Sect, a5ds under advise - _;ids for a maximum' G T O N B EACH. for the Floor, 2000 Main StCali S, r Huntington Beach, eriod of 60 days. CIVIC CENTER ADA ACCE551 fornia 92648, . up rt° ton By ORDER of the CITY BWTYIMPROVEMENTS hour 'of 2:00 P'. gEACI, March 29, 2005. Bids wiJr ll C UNTINGTONe CITY OF ' ` C. I ! be publicly open iE in the H The 7th day (ASH CONTRACT No. ((# September 2004:NDE Tt1,1.­,�.�L.+(� INS Council Chambers unless of Sep RNAttest' Otherwise posted- Plans,Flynn r III the Copies of the )oCL R O SJI,J C f CITY OFHUNTINGTON Specifications, and CITYCLERK'OfTHE , HJUN IN!G f ON BEACH, CA CITY OF BEACH contract documents are I{UNTINGTON BEACH available from the Office Published Huntington L��� �i r4� — PUBLIC NOTICE IS; of the Director Malin Independent it f� ff1 iT ? HEREBY GIVEN Works, Beach 17,2005: 0 that the Street, Huntington March3,10, CITY OF HUNTINGTON Beach, CA 92648• upon 031 506 BEACH, as AGENCY, each of a $30.60 non - invites sealed tbids for aymPefundable fee if picked the above stated Or payment of a. Client Reference # $4 non-refundable tee. it U.S. tee if mailed 'Via FedEx, Postal Service. de �UPlivery r any bn Beach Independent Reference # Any contract entered P +into pursuant to this notice will incorporate the provisions o f the State Labor C, Pur- suant to the Provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the, contract- shall be those Dear ad determned Industrial Director of Relations {owhch arethe eof California, {la,at the Office of the' 4rector of Public Works, 2000 Main Street, Enclosed Hun- tington Beach, CA 92648. r This is a Davis -Bacon y our ad from the first publication, beginning on 3-1 — project and the Federal' 1 Regulations will be y enforced. Any contract g on entered into pursuant to this notice will incor- If you nee the Federal Labor grate the provisions of Chan es or corrections, please call me at your y the Standards, which are on earliest Co file at the office of the Director of Public Works., 2000 Main Street, Hun- tington Beach, CA 92648, The Cost o The AGENCY will de (Xc p duct a -10% retention3 r from all progress PdY- merits. The Contractor, may substitute an es - Thanks for crow Iholder lld rvalusuretytt°eion and patronage. equato retention in accordance with the provisions of the California Section Govern- ment Code, Sincerely 4The Contractor , shall be beneficial owner Of the surety a interest shall receive any thereon. The AGENCY hereby affirmatively ensures that minority business Michael Slel enterprises will be afforded full opportunity Legal Adver to submit bids in re - lice sponse willonotthis be odis- criminated against on color, the basis of race, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall' be con - No unless, it is prepared On the a ProposaP- proved l•forms in conformahte B oilers. Instructions The bid must• be ac- co Imed by.a •ertlfied check; cashier s heck, or biddeto thenAGelCY I . . Payable amount no iss for an of the amo�.t; than ?.. , successt�, d., Suite 107, Huntington Beach, CA 92648 bid The', ` lic Anse (.bidder choalaance witty 536-7313 Fax (714) 536-7279 BnSi Pr� yiri d'�R`P the 51 Pc� The Usucae - %%%S,llsUbe: ttadoJ, Ts SSess, con«aI,4o po,, from re4�s� $5'$Utcen5es c bhslnGEN� ef�e� re5