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HomeMy WebLinkAboutArteck Engineering - 1998-07-20 (2)�9 � a�hP-?i� ? t� e -0 + - Recorded in LnE junty of orange, California l ( ,Cee f i-Y?LnU-Gary L. Granville, Clerk/Recorder &e"s zP,yo P 11111111111111111111111111111111111111111111111111 No Fee WHEN RECORDED MAIL TO: 19990328286 11; 36am 05/05/99 CITY OF HUNTINGTON BEACH 005 16.00 0. 14 23 N12 1 00 0.00 0.00 0.00 0.00 0.00 Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 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 by the City Council of the City of Huntington Beach, California to Arteck Engineering who was the company thereon for doing the following work to -wit: Oak View Library Expansion Project - CC-1047 That said wofk was completed April 19, 1999 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 19, 1999. That upon said contract Reliance National Indemnity 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 22"d day of April, 1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 22"d day of April, 1999. ' A City Clerk and ex-officio CA _ of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 % C,haelon/)c -laulf �� CITY OF HUNTINGTON BEA /� z'rq? asj_ey- Pi16 MEETING DATE: April 19,1999 DEPARTMENT ID NUMBER: PW 99-1 d Council/Agency Meeting Held: YhqzE9 AR • �� �� Deferred/Continued to: Dfe/'Approved Conditiona'ly Approved ❑ Denied 1 _ i Clerk's Signature Council Meeting Date: April 19,1999 Department ID Number. PW 99-10 CITY OF HUNTINGTON BEACH y C REQUEST FOR COUNCIL ACTION M SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -D �C3 > �~'�a SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: AVCFBERT F. BEARDSLEY, Director of Public Work v DAVID C. BIGGS, Director of Economic Development SUBJECT: Accept the Oak View Library Expansion Project; CC 1047 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: The construction of the Oak View Library Expansion Project has been completed. Funding Source: $162,500 in Community Development Block Grant (CDBG) Funds were authorized for this project. Additional Funds are Available in account number E-HR-ED-047- 6-31-00 Recommended Action: Motion To: 1. Accept the Oak View Library Expansion Project, CC 1047 at a final cost of $154,986.61 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. 2. Authorize an additional $9,000 to cover the costs associated with additional on -site Division of State Architect (DSA) Inspection performed by All -American Inspection. Alternative Actions : None. 10471notice of completion/RCA -2- 03/29199 2:22 PM REQUEST FOR COUNCIL ACTION MEETING DATE: April 19,1999 DEPARTMENT ID NUMBER: PW 99-10 Analysis: On July 20, 1998, Council awarded a contract to Arteck Construction, in the amount of $115,000. The adopted project budget also included $42,500 to cover potential change orders and $5,000 for supplemental expenses, for a total of $162,500 to Construct the Oak View Library Expansion Project. The approved change order budget included $31,000 to construct the new parking lot expansion that was required by the Ocean View School District. The parking lot addition was an additive bid item in the original bid documents. The Ocean View School District also required a substantial increase in on -site DSA inspection. The result was a $9,000 increase in All -American Inspection costs. On February 18, 1999, the City terminated the ccntract with Arteck Construction for failure to complete the improvements. The bonding company, Reliance Surety, allowed the City to complete the project with outside contractors. The costs for the outside contractors will be deducted from final payment to the bonding company. The City will also deduct liquidated damages from the bonding company's final payment. There is a potential for litigation for claims made by the original contractor, Arteck, for extra work they feel is warranted. The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion. The following is a summary of the final project costs: 1. Contract Amount: 2. Change orders: Subtotal: 3. Supplemental Expenses: Total: Council Approved $115,000 42 500 $157,500 5.000 $162,500 *Includes deduction made for liquidated damages. Environmental Status: Not applicable. Attachment(s)• RCA Author. Charlonne Actual Expenditures $115,000.00 39.986.61 • S154,986.61 14,000.00 S168,986.61 10471notice of completionlRCA -3- 04107/99 2:33 PM COVER PAGE REQUEST FOR LATE SUBMITTAL (To accompany RCA) Department: Subject g Council Meeting Date: q 1 Date of This Request: t'l S on REASON (Why is this RCA being submitted late?): EXPLANATION (Why Is this RCA necessary to this agenda?): CONSEQUENCES (How shall delay of this RCA adversely impact the City?): lcle (09 OomE!d Wd �,- t l ctazaAy Nvq\i vv= at ure: Department Head [#Approved O Denied Ray Silver City Administrator RCA ROUTINGSHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept The Oak View Library Expansion Project; CC 1047 and File a Notice of Completion COUNCIL MEETING DATE: i April 19, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the Cit Attome) 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 (InitialL.} { } { ) City Clerk { } EXPLANATION FOR RETURN OF ITEM: RCA Author. Charlonne CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 22, 1999 Gary Granville County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CBrjc Enclosure: Oak View Library Expansion Protect — CC-1047 (Telephone: 714-536-52271 WHEN RECORDED hIAIL TO. CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 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 by the City Council of the City of Huntington Beach, California to Arteck Engineering who was the company thereon for doing the following work to -wit: Oak View Library Expansion Project — CC-1047 That said work was completed April 19,1999 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 19,1999. That upon said contract Reliance National Indemnity 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 22"4 day of April,1999, Cz - /-R / City Clerk and ex-ofiicio Clerk of the City Council of the City 7 of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualif ed City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 22'd day of April,1999. City Clerk and ex-ofiicio C of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issues) of: June 11, 1998 June 18, 1998 June 25, 1998 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ ' �1,nQ 2151 199a__ at Costa Mesa, California. s� Signature PUBLIC M0710E Contractor may Subftllute SECTION A an escrow folder surey of NOTICE equal value to the 11,118 ;on iNOTI E In accordance with the pro - SEALED BIDS for "visions of the California titer D IDS f Government Code. Section Llbrarlr Oak View 4590. The Contractor Shan CASH CONTRACT be beneficial owner of the . AS CONT047 Ufa surety and shall receive CITY n any interest thereon. NUNTiCI T O BEACH :The AGENCY hereby af- Atitbf.iC 1ttN BE H firmatively ensures that ml- HE HEREBY OWEN th8t the nority business enterprises win be afforded tali op CITY OF HUNTINGTON BLEACH, as AGENCY, irr response to submit bids in vises seated bids lot me response this notice and will n01 be . discriminated above stated projects and against on the basis of will receive such bids In race. color. national origin. the office of the City Clerk, ancestry, sex or reiigio, In Second Floor, 2000 Main any consideration leading street. Huntington Beach, to the award of Contract. C4itornia 92648, up to the No bid stall be consid- hour of 2:00 P.M. on June ered unless It is prepared 30. 1998. Bids win be pub. on the approved Proposal iky open in the Council forms in Conformance with Chambers Unless other- :he Instruetrons to B.ddcrs. wise posted. The bid must be ac- Copies of the Plans, comparJed by ■ certi led SpeciGcstions. and Con- check, cashier's Check or a rat.t dacumanlS Are avail- 5idder's bond made pay- able from the Office of the able to the AGENCY for an Director of Public Works, amount no less than 10% 2000 (Jain Street. Hunting- of the amount bid. The ton Beach, CA fi12848, upon successful bidder shalll be Payment of a 11116.p0 wire- licensed In accordance fundable fee If picked up, with provisions of the Busi- or payment of a $25.00 ness and Pro(essions nonrefundable fee .if Code, and sha'I possess a mailed State Contractor's License This Is -a 0111vis-Ba-20n Class at the lime of the bid prejecl and federal RW opening. The successful latlons will be enforced. Contractor and his subcon- contract entered into actors will be required to pursuant to this notice trill possess business licenses tncorporale the provision !`from the AGENCY. Of the Federal Labor Stand -The The AGENCY reserves the aids. which we on file a1 fight to tejoct any or all the Office of the Director of °bids, to waive any trragular• Public Works, 2000 Main iimsyimum ( and to Wks 0 bids Street, Huntington Ua:h, der advisement for a CA 92648. period of 60 The AGENCY will deduct days. - a 10%, raNNion from all BY ORDER of the CITY toy Sis' �pYr}, ms_ _The COUNCIL of the CITY OF HUNTtNGTON BEACK. CALIFORNIA. day the IB:h of ,luny 1985. Most: Connie Brock. way, CITY CLERK OF THE CITY. OF H1fK- TINGTON BEACH Published Huntington Roach -Fountain Valley I-r dependent June 11. 18. 25. 1998. 062.591 I Pt1 fICIE sbNA j NOTICE INVITING SEALED BIDS for the Oak View Library Expanslon CASH CONTRACT No. 1047 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE 13 HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY. In- vites seated bids for tt,e above slated pro;eCts and wilt receive s4eh bids fr.. the office of the City Clerk Second Floor, 2000 MzOn Street, Huntington Bexh. Cal.fornia 92W8. up to ho hour of 2:00 P.M. on Juno 30. 1998. Bids will be pub- licly open In the Counc I Chambers unless other - PUBLIC NOTEF— No bid Shall bs Conaid- urrless n Is prepared on the aaproved Froposal terms In conformance with the InStnJCtions to Bidders. • Trra bw moat be ac. companied by a Certified check, Caihlw's check or a blddeYa bond made pay able to the AGENCY for an amount no less than 10% of - the amount bid. The successful blddef Shan be licensed in accordance with provtslons of the Eusi- ness and Professions RCods, and shall possess a Stale Contractor's UCense Class al the time of the bid opening. The Successful Contractor and his tubcon. traclors WRI be required to possess buai.IeSs licenser from the AGENCY. The A331ENCY reserves the right W rejecf any or a:f Wise posted.. _ . bids, to waive any irreg.dar. Copies Of the Ptanl, Ity end 10 lake sn bids Specifications. and - c-w� under advisement for a Irm documents are avall- Maximum perlod of 60 able from the Office Of the days. Director of Public Wo►k % By ORDER of the CITY 2000 Main Street, Hintirml COUNCIL of the CITY pF Ion Beach. CA92648.ui:tn HUNTINGTON BEACH, payment of a 515.00 norm' CAUFCRhIA, day the leth lundable tee 1t picked u3. OlJune 1998. or payment of a $25-00 ti Attest; Connie Brock. nonrefundable fee If way, CITY CLERK OF mailed. THE CITY OF HUH - This Is •a Davis -Bacon TINGTON REACH project and Federal Regu- , . Published HuntinrJlon- WiCiPs will be enforced. Beacn.Fountan Valley In - Any contract entered into depencent Jute 11, 18. 25. - pursuant to this no:fce will 1993. Incorporate the prows -Ong OE2 59t or rna Fetlertl Labor Stxr-d- ards, which are on ale a' the 0.7ice of the Direct'm o' Public Works, 2000 M tin Street. Huntington BE a:h, CA 92648. The AGENCY will dedJCt a 10% retention ham a'1. progress payments. The Contractor may substilutel an escrow holder survt} of iqual value to the retentio.I IIn accordance with the ju0.1 visions of the CO—om a l Government Code, Sr•cJon 1 f4590. The Contractor shall the b9"9fk1V-VWMrTT4'g' surely eutd shall rt . rive any Interest thereon The AGENCY hereby af- firmatively ensures that ml- nOrlly business enterprises will be afforded tut Op- portunity to submit t:CS in response to this notice Old . not be discrirrira'ed against on •rlw b3e19 Of race, color, national OVn. anceslry, sex or re&;M)n In any COhaldaMffiM load ng to�rre'sar3rtf'et Cdttt11,1.'' IN a TINGTON BEACH * FOUNTALN VALLEY Independ--d'wrd THE 14EWPOFIT BEACH - COSTAMESA PILOT Dear Advertiser: \+�:)CQaAL Client Reference fa�A \oq Independent Reference # 1 Enclosed please find cli ping of you ad from the first publication, beginning If you need to make any changes or corrections, please call me at your earliest convenience. I� The cost of this publication will be $� Thanks for your cooperation and patronage. Sincerely, 4Sf Judy Oetting Manager �. Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntirgron Beach, CA 92648 (714) 965-2030 (714) 965-7174 FAX Y PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange } i am a Citizen of the United States and a fU_,5 Cliw31a7 Contractor may substitute resident of the County aforesaid; I am siN TIOTICCE eeq� • t+� surety Of Nual valve to tt+s retention over the age of eighteen years, and not a INVITING in accordance with the pro - SEALED BIDS for visions of the California party to or interested in the below -- the Oak View Government Code. Section Llbraev Xx snslon 45W• The Contractor shag entitled matter, i am a principal clerk of CASH1047Intthe be bynand owner a the surety and shell receive the HUNTINGTON BEACH INDEPENDENT, a No. 1047 In the _ . CITY OF any interest thereon. HUNTlNGTON REACH The AGENCY hereby of- newspaperPUBLIC o general circulation, rimed P NOTIC! IS firmatively ensures that mi- nority business enterprises slidg'i fished n the City of Huntington HEREBY Qltf[N That the CITY OF HUNTINGTON Ki11 be afforded full op•. BeaCounty of Orange, State of BEACH, as AGENCY, in,. portunity W submit bids In vita$ healed bids for the response to Ws notice and California, and that attached Notice Is a above stated projects and xll not be discriminated win receive such bads In against on the basis of true and complete copy, as was printed the odic$ of the City Clerk, race, color, nalk not orig!n, second Fim. 20M Main ancestry, sex Or reltg4on In and published in the Huntington Beach :roe:, Huntkyton Beach, any consideration leading California 92MO. the to the award of contract. • and Fountain Valle issues of said Y up to hour 01 2.00 P M On ,Tuns No bid shall be coisid-; 7U, t998. Bids �>r be pub• ered unless n la prepared newspaper to wit the issue(s) of: licly open in the CounCNon the approved Proposal lon W to conformance with ChaRu bs unless othea the Instwbons to SidCers. wr$e posted' June 11, 1998 The bid must be aC- Copies Of the Flans. companied by a cerified SpecKcatlons, and Coo- June 18, 19 9 6 aut documents are avail -Check, Cashier's check or ■ able from the Office of the bidder's bond made pay June 25, 1998 Ireclar of PuWc Works. able to the AGENCY 1cr an =00 Main street. Hunting. amount no less than 107E Beach, CA 92US. Upon of the amount bid. The payment of a S1S.00 nonce• successful bidder shalt be licensed In accordance fundable lee B picked up, Of payment of a $25.00 with provisions of the Bust- 1 declare, under penalty of perjury, that onrelondabl• fee If nest and Professions Code. and than possess a the foregoingis true and correct. mailed. ThisIs a Davis -Ban State Contractors License and F.d�atco� Class at the time Of the b•d unions vA be enforced. Opening- The suCtesslul y contract entered into Contractor and his sub:on• _ Executed on 99 Timm a'�, 8---- ►ursuant to this Works win . tractors wi:l be required to Incorporate the provisions possess business licenses at Costa Mesa, California, from the AGENCY. - 1 t the Federal Labor Stand- The AGENCY reserves ire AGENCYhe Ards. which are on ne at :fight the Offca of the Director of i IG any or an Public Works. 2M Mein bids, to waive any Irrogulaf- Street. -Huntington Beach, try and to take all bids CA 92us under advisement for a iThe AGENCY vr.11 deduct maximum period of 63 t0'�i.relegnorl boll. all days. Zrti�d>M�, free BY ORDER of the CITY COUNCIL the of CITY OP KUNTtNGTON BEACH, CALIFORNtk day the 18M Signature °f A11issl Connie Brock- way, CITY CLERK OF THE CITY OF HUN- TINGTON BEACH Published Huntington Beach -Fountain Valley In- dependent June 11. 18. 25, 1998. i 062.591 SECTION A NOTICE INVITING SEALED BIDS for the Oak View Library Expansion CASH CONTRACT No.1047 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS IIEREBY GIVEN that the CITY OF HUZrTINGTON BEACH, as AGENCY, invites scaled 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 June 30, 1998. Bids will be publicly open in the Council Chambers unless otherwise posted. 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 $15.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if marled. This is a Davis -Bacon project and 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, 200 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. A-1 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 Contractors 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 «wive 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, day the 18th of June 1998. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 Fi e CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK C014NIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANS`IITTAL OF ITENT APPROVED BY THE CITY COUNCIL/ RF,DVVT,LOP`TENT AGENCY OF THE CITY OF IiUti"TF. GT0,N BEACIi DATE: -r�yl 0�0 I99 TO: A�e lhl Name 6 eh,e,e.hw2? Street Yle ra . City, State, Zip ATTENTIOti: .4'-7iQ /CAd d #z'941 DEPARTNIENT: 1 REGARDING: ee—mjl7 olmyle&) See Attached Action Agenda Item iE"7 Date of Approval ,2 D Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: 6'�' &0&&&yr Connie Brockway City Clerk Attachments: Action Agenda Page Agreement ✓ Bonds Insurance V11*1 RCA Deed Other cc: Ei�ici�&Lpwh� bPh� ✓'E'¢ mA,,��''nII'nno A/ �avd N Department RCA Atreement Insurance Othtr Name Department RCA Agwmenr Insurance Other nWAyMN D artrrtent V azi RCA A Insurapce other Name Department RCA Apeement Insurance Other Risk Management Dept. Insurance Received by Name - Company Name - Date G:Fallowup!eoverltr f lre to pho n e: 714.536-5227 ) FEDERALLY FUNDED C0NWUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BET"TEN THE CITY OF HUNTINGTON BEACH AND ARTECK FOR THE OAKVIEW LIBRARY EXPANSION PROJECT CC 1047 THIS AGREEMENT is made and entered into on this &IL6 day of ITLIN 1998, by and between the CITY OF HUN"TINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and ARTECK, a general partnership, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as Oakview Library Expansion Project, in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Pursuant to 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 contract 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 the U.S. Department of Housing and Urban Development ("HUD") assistance or HUD -assisted projects covered by Section 3, shall, to g/agrcc/arteck/jmfljnn/ 13/98 the greatest extent feasible, be directed to low- and very low-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, ACCEP,rANCE OF RISK. The parties to this contract agree to comply with HM's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract 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, 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. 2 glagrec aneckljmYjnM13/98 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 contract 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 contract 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 contract. 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 and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract 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). CONTRACTOR shall furnish, at its own expense, all labor, plant, 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. 3 rJagree/arteck/jmf/jn/7/13198 CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, 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 connected 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 shov-m and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), 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 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 said Contract Documents a g/sgree/arteck1jmf/jnr7/13/98 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 1994 edition of Stanrdand Specifrcationrs for Public Morkr Contslructionr, published by Buikler's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, 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; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. 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 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"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said bid or proposal which is in conflict herewith. &/agree/arte-ck/jmf/jn/7/ 13/98 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 One Hundred Fifteen Thousand Dollars ($115,000.00) as. set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within Seventy -Five (75) working days from the execution of this Agreement by CITY, excluding delays provided for herein. 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 conditions 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 6 g1agTec/uriccVjmf1jnr7/13/98 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 on 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall net pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DP«' a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPIN' and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract 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 the CONTRACTOR by CITY. CITY does not warrant that the work site gill 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 7 g/agmc/ancck/j mf/j n/7/ 13/98 the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. BONDS. CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES. The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 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 expense. 10. 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 g/agrec1arU.ck1jmfljn/7/13/98 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 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 (XVH-1321) shall be posted at all times by CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. 9 gtagrec/artecWj mf/j nil/13/98 Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shalt 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 wane rates contained in the wage determination. If 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. Tke Administrator, or an authorized 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 ONIB control number 1215-0140.) In the event 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 dews of all interested 10 g/ugmc/unaVjmf/j nn/13/98 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 12I5-0140.) 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 contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, 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 CONTRACTOR does not make payments to a trustee or other third person, CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require 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 OXIB Control Number 1215-0140.) lI ghjgrcc1artcck1jmf1jnn113198 11. PREVAILING WAGE LAW. The CITY has ascertained from HUD the general prevailing rate of per diem wages and the general prevailing rate for legal holid.ty 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. 12. 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 uithheld from CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, 1I10 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 until such violations have ceased, HUD or its designee may, after ,%vritten notice to CONTRACTOR, 12 g1agrcc1u tecVjmf/jnil/13/98 disburse such amounts withheld for and on account of 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. 13. 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. 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). CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. 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. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the Califoriria Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. 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 13 g/agrcclartccVjmf/jnr7/13/98 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 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 swage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency 14 glagreclarteck/j mf/j n/7/13198 recognized by the Bureau, withdraws approval of an apprenticeship program, 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 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, 15 g/agreelarlacVj mf/jn/7/13/99 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. lb. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by 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 faund under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I (b)(2)(B) of the Davis Bacon Act, 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. CONTRACTOR's 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.) 16 g/agrce/ur 4xVjmf/jnrl/13/98 CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, 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 NVH-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 contract and shall certify the following: 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 contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; 17 &greelartcck/jmf/jnn/l 3/99 That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; 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 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. CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If 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, 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. 17. LIQUIDATED DAMAGESMELAYS. 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 tivithin the number of working/calendar days as set 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 18 gtagrec/artrcVjmr/jnl7/ 13198 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 Two Hundred Fifty Dollars ($250.00) 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 in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said 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 completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted 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 the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the 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 waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined 19 g/agreclart�`ck/jmf/jnrl/ 13/98 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 the CONTRACTOR has thus been delayed, but no allowance or extension shall he made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the ffirnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 18. INDEPENDENT CONTRACTOR. It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, 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. 19. DIFFERING SITE CONDITIONS. (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPLY in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent 20 g/agrcc/arteck/jmf1jn/7/ l 3/98 to work of the character to be performed under this Agreement. The DP«' shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) 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. 20. 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 contract 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. The DPW may, at its sole discretion, when warranted by the fact 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 21 g/agreclar1ccVjmf/jnf7/13/98 21. PROGRESS PAYMENTS. Each month the 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, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. Ulien CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, 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 the 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 contract price shall not be considered as an acceptance of any part of the work. 22. NVITFU ELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the 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. 22 &grcc1artccVjmf/jn17/13/98 23. AFFIDAN ITS OF SATISFACTION OF CLAIMS. After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its aflidavi: stating that all workers and persons employed, all firms supplying materials and all subcontractors working on the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain times, if any, to be set forth in an affida-7t 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. 24. 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. 25. INDEMNIFICATION DEFENSE HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOWs employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations hereir. undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 26. WORKER'S COMPENSATION INSURANCE Pursuant to CalVornia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured 23 g/agrec/arteck1jmfljnr7113/98 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 worker's compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such worker's compensation insurance for all of the subcontractors' employees. CONTRACTOR shaII furnish to CITY a certificate of waiver of subrogation under the terms of the worker's compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 27. INSURANCE In addition to the workers' compensation 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 the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of 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 $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 $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage 24 F/agrcc/artccVj mf/j n/7/13/98 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 abovementioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 28. 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; said certificates shall: I . provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The aboi-e (Ietailerl corerage is not subject to any rledirctible or self -insured retention, or any other form of similar type limutation. " 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 said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 25 g/agree/artccic/jmf/jnn113198 A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its agents, officers, employees and volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 29. 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 a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any pro -vision of this Agreement or the contract documents, CITY may give 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 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. 30. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUN[ENTS. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 26 g1agredartec k/ j m f/j n1711319 8 31. NON -ASSIGNABILITY. 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. 32. 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 California Government Code sections 1090 et seq. 33. STOP NOTICES, RECOVERY OF ADMMSTRATIVE COSTS. CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said 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 (S 100) for every Stop notice filed in excess of two, 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 a-ainst any sum or sums owed by CITY to CONTRACTOR under this Agreement. 34. NOTICES. All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 27 g1agrec:JartalJjmf/j► n113/98 3 5. CAPTIONS. Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 36. 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 contract 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, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 37. 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 pro -visions; said provisions are incorporated herein by this reference. 38. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement 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 28 glugredartccVjmfljnr7113198 CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 39. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest ir. CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by %irtue 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 5.12(a)(1) or to be awarded HUD contracts or partizipate 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 " NVhoever, 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." 40. DISCRIlIINATiON. MMORITIES, 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 29 glugreelartxiJjmGjnlllt 3198 hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 41. EQUAL EMPLOYMENT OPPORTUNITY. 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. 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 ser-) 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, CONTRACTOR shall provide CITY with its written affirmative action plan prior to commencement of work. CONTRACTOR is required to provide CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 30 &grec/arlcck/j mf/j n/7/13/98 42. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of29 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. 43. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. 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 S). Under Section 103 of the Act each CONTRACTOR shall be required to compute the %4ages of every mechanic and laborer on the basis of a standard workday of eight (S) hours and standard workweek of forty (40) hours. Work 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. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 31 glugrcc/ariccVjmf/jnn/13/98 44. 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) 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) CONTRACTOR shall promptly notify CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, 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) 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. 45. ENERGY CONSERVATION. Agreements -Aith 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.). 32 g/agrecJarl xlJjmf/jnr1113/98 46. 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. 47. CONTRACT TERI`'IiNATION; DEBARMENT. A breach of the contract 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. 48. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Agreement are applicable shall be discharged or in any other manner discriminated against by 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 testif - in any proceeding under or relating to the labor standards applicable under this Agreement to his employer. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 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 33 gk,grcdaricck/j m f/j nn/ 13/98 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 fours in such workweek, whichever is greater. 50. VIOLATION; LIABILITY FOR UNPAID WAGES; LIOUTDATED DAMAGES. In the event of any violation of the clause set forth in Section 49, 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 Section 49, 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 work-myeek of forty hours without payment of the overtime wages required by the clause set forth in Section 49. 51. 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 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 Section 50. 34 g1agrec/artccVjmf/jn/7/13198 52. SUBCONTRACTS. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Sections 49 through 52 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 Sections 49 through 52. 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 IiUD 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 contract clauses in 29 CFR Part 5.5. 53. 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 CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 54. ATTORNEY FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 55. ENTIRETY. The foregoing represents the entire Agreement between the parties. 35 &grcc/arteck/jmflj nr1113/98 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: ARTECK By. �i7 G 6�A a, — ERIC ABGHPJ General Partner REVIEWED AND APPROVED: p � 04K.Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: 4V,4� ?�� City Clerk 71 ? APPROVED AS TO FORM: � Iq City AttorneZo � 7/13/g B INITI AND APPROVE Director of Public Works 36 g/agree/arleck/jmf/jn/7/13/98 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ARTECK FOR THE OAKVIEW LIBRARY EXPANSION PROJECT CC 1047 TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 3. COMPENSATION 6 4. COL%SIENCEMENT OF PROTECT 6 5. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 7 8. BONDS 8 9. WARRANTIES 8 10. MI IMUM WAGES 8 11. PREVAILING WAGE LAW 12 12. WITHHOLDING 12 13. HEALTH AND SAFETY 13 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 13 15. APPRENTICES AND TRAINEES 13 16. PAYROLLS R BASIC RECORD 16 17. LIQUIDATED DAMAGES/DELAYS 18 18. INDEPENDENT CONTRACTOR 20 19. DIFFERING SITE CONDITIONS 20 20. VARIATIONS IN ESTIMATED QUANTITIES 21 21. PROGRESS PAYMENTS 22 22. WITHHELD CONTRACT FUNDS 22 23. AFFIDAVITS OF SATISFACTION OF CLAIMS 23 24. WAIVER OF CLAIMS 23 25. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 23 26. WORKER'S COMPENSATION INSURANCE 23 27. INSURANCE 24 28. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 25 29. DEFAULT & TERMINATION 26 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER 26 31. NON -ASSIGNABILITY 27 32. CITY EMPLOYEES AND OFFICIALS 27 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 27 34. NOTICES 27 35. CAPTIONS 28 36. FEDERAL PARTICIPATION 28 37. DAVIS-BACON ACT 28 38. DISPUTES CONCERNING LABOR STANDARDS 28 39. CERTIFICATION OF ELIGIBILITY 29 40. DISCRIMINATION, MINORITIES, ALIENS 29 41. EQUAL EMPLOYMENT OPPORTUNITY 30 42. COPELAND ACT 31 43. CONTRACT AVORK HOURS AND SAFETY STANDARDS ACT 31 44. CLEAN AIR ACT 32 45. ENERGY CONSERVATION 32 46. HOUSING AND URBAN DEVELOPMENT 33 47. CONTRACT TERMINATION; DEBARNIF.NT 33 48. COMPLAINTS, PROCEEDINGS, OR TESTIINIONY BY EMPLOYEES 33 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 33 50. VIOLATION; LIABILITY FOR UNPAID WAGES 34 51. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 34 52, SUBCONTRACTS 35 53. LEGAL SERVICES SUBCONTRACTING PROHIBITED 35 54. ATTORNEY FEES 35 55. EN'TIRETY 35 JUL 23 '9R 05:2SPM METRO INSI-1PPWI7 (714) 24S 9124 {A CO RO-'AVf�}�i•r 7y++tt s-k F�rit,n~�`I{a'J pAT11 (l1Y.D01r1'i i. -'emrena+.a. r.,.'a... .i�:nn -.:A, . :".ww:r:.ri.3e?.43::'r `kN .;:, .t., .;.'...•....,:..!.-�•'-• -o. .,,. .c��;' �3".;' :o 07 23 98 rROMCIA Lily ckax Ygdj-r THIS•CER•TIFICATC IS ISSUED AS AwMATTER OF INFORII!AvON METRO iPJSURA?SCE SERVICES Fr�� ONLY AND COJIFEnS NO FLIGHTS UPON n4E CERTIFICATE HOLOCFL THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1301 E. PARKCOURT PLACE f} 606.'FO ALTER THE COVERAGE AFFORDED E3Y THE POLICIES BELOW BLrG #D-104 tJ�p/�p COMPANIES AFFORDING COVERAGE 5A'dTa ANA CA 9270 - Gi CCMDMIT '0,0Ad (714) 245-9120 ( ) A CREDI^ GENERAL INSURANCE COMPAI?Y HSVRfD O0yPAW A.RTECK 8 (F.A.NCHO PACIFIC) COV DENY 26792 CARRAN7A C MISSION VIEJO CA 92691- CVVPAW (7� 14) �553-9600 0 "� }"r k'i iY r��f-'�3.51'�. �i:- .-i.�+2`lr l''.1.ww1Y�. .I y.. -'J.: fix: 7.r i-, 1• - :i �45� '11 .'. -••--f.i:�_.'.-. - i.f.:� _-Iw:.y4Ai:..l::'F :�v K...-. 4.-. ..y5• '1 i•Si'�'k �iV'.�. •.. 1,:{-.:!'.�!•• li TH13 19 TO CcFmFy TrtAT THt POLICIES OF WSURANCR LISTED OELOW HATE PEEN TBSUI D TO THE INWRE0I MACD ADWE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION CF AW CONTRACT OR OTMER DOCUMENT WITH RESPECT TO UYI•ICH THIS CERTIFICATE MAY BE I6SUE0 OR MAY PEPTAIN. THE INSURANCE AFFORDED Br THE POLICIES DESCAOED HEREIN tS SUVJECT TO ALL THE TEF%&IS. DICLUSIONS AND CONDITIONS OF SUCH FOUCIES- UMMS SHOWN MAY HK%fE OCEN RCOUCED DY PAID CLAIMS. CO LTA TY/EOFINSURANCt /OLICYNUMOEN POUCTffrECTME DATE OtILT OX0 POLJCYOFIRATM DATE (MIU .YY) lfTotTi A OLnLum uAtoww GENEgALAcGRE"TE 11 0 0 0, 0 00 X cCAr11ERCti1LwvERALuAti1NT ART0010268 07/24/98 07/24/99 PK*wrs.coMP:toPAao I1, 000, 000 CuV>uS MADE QX CCCUR PERSONALa AM -jU- $ 10 0 0 O C O cmNF,Li'l a C:ONTPACTORS PROT EACH OCCkATKNCE 91, 000. 0 C O ►IRE OAMA06 W+v a+e vet 15 0 0 0 0 MIC UP tA+r one oa pcni 16500 A'JTO9A0llLE LIAWLITY ANY AUTO / COWKIED SINLE LIMIT I ALLWJt0ALRL)5 sc+�LxEvai►cs ,+P2f'0e a AS TO FOL'ff: GAI HJ 'i'�_�, City Att rney 13 my INJURY f'"p'"°"y s "W-0AiTm NCN4DW.%M AUTC16 ty: Deputy City Qy vmyN,AMY (''1 A`ciowty /PC7AE:r<Y OAMAGE I GwocUAIILM AMCI&Y-EAACC:JENT I ANY AUTO I I / I dT1•Eq T1/AN AIJTp OIdIT. ` ti : c'• . T;A(�i ACpDENT I A0GRE3ATE s Ex�Issu+►aturr ! / EACHOCCuvjIE"ICE s _ I I OTHER T►{AN u► 5AfLLA filar WORKERS C04/ENSAT.OM AATLI lMnOTLRS' tUTY , ! , / 1�r hlIi •. ELt0cmAcacE T s T4E Pc 00AETCRI ✓r+Kx PARNEf$m_4ECUrJRCFFCER9AFE E71CL EL CISEAS2 •PL76& LA.I'T I El. VISEASE-FAEMPLOY7 ` I I OrxLN DEiCq.!' TION OF OPE$kATIQN3.'LOCATIOHfIYE34ICLl3f SK RAL ITEMS THE CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED. THE ADDITIONAL INSUR ENDORSEMENT HAS BEEN REQUESTED FROM THE CARRIER 10 {TEN? DAYS NOTICE OF CANCELLATION ON NON-PAYMENT OF PREMIUM *EXCEPT FOR1r �_ LQ4R "!-r•.i;Cn;l'� �T`fJil� if Rr '°vti %�;�•/� }'•� f�i.: ;r .7,7L: i�' ik y 'iu.: IF .:r[.'.t:,+.: ►u:7:..•'t• h's . .t r a•.� T : ti:r..%:.riw,.:cx...r...r....':a-wi L..,_.�'��c':_Ii'ISiI:�2:.r:c;..,. S"AD ANY OF THE AROYE DnCIIMED POLICIES SE CAMMUD 1TJORE THE CITY OF HUNTINGTON BEACH, ITS AGENTS V(PINATIOM OATS THEREOr, THE I116UIM0 COM/ANT TnLI.X"lQM31CSI]TD NAIL EMPLOYEES, OFFICERS & OCEANVIEW SCHOOL Q_ DAYS VM TTEN twTlc[ TO THE CTNTIF CATS NOLDEst LIMED To TIE LIrT, DISTRICT,AGENTS, EMPLOYEES & OFFICERS ]s:xx== Axxmcrem Ya Yt&70A 6rwp - 2 0 0 0 MA I NE ST, � '71CX ars =3wq xDle(Iolmmarrym h7MTINGTON BEACH CA 92648 •t'TIgRIlfLlMEr11 t . .jI1' Y 1r91.I'!i I:.,.IK ,:�4r yYYi�1•�V •a414f` 'k•.'. ^ "-{:'.4 •' Q :1-'r:e'� •f �•:�i S: 'f' I:h f..a w `1 - i��+.:i;.�:�r:`,.t.,.;%.':��:::Lg.t,7<'4;{i.;!'.'•L:�`.S}..iZ �;.►�r-,wLwv .�C.w:ti.1•.•�+_ n-• r a,ef�•.� _ i (9-e7� 7:,P) 71nt r ALCORD. CERTIFICATE OF LIABILITY INSURANCk DATE /2"4W/M9 l3 �TEC,1 Q7 /24/9 PRODUCiR C17 / eiGC,C Vgj&rFr4k- THIS ERTIFICATE is ISSUED AS A MATTER Of O.€ORMAT10K lunickol L Associates A,4 6zv. AO ONLY AND CONFERS NO RJGMTS UPON THE CERTIFICATE Insurance Agency, Inc. BOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. n6z 10727 /,Zp/Qf `QfP�y/yrd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Darnardino CA 92423-0727 COMPANIES AFFORDING COVERAGE John Paqulayan nr+._wa - 3- A srN- 09-7 B-39S9 COMPANY A Mercury Casualty Company INLu%EO COMPANY e tOM►ANY Arteck C COMPANY p 26762 Carranza Drive Miaoion VieJo CA 92691 COVERAGES TWO I$ TO CER'IFY THAT THE ►OLICIES OP UISURANCE USTIO EELOw HAVE BEEN I&SUED TO THE wSuPED NAMED A80NE FOR THE POLICY PPR100 IHDICATFD. NO`MTHSUNOIN0 ANY RfOUIRELTENT• TERM OR CONDITION OF ANY CONTRACTCR OTHER OOCuuctir swTN AEXPECT TO FII wH THrf CERTWICAU MAY Re ISSUED OR WAY PE RTAIN . TNC ITISURANCE AFfORDTO Sy THE POUCItS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OP SUCH POLICIES. LIVITS SHOWN MAY NAVE ■EENI REDUCED RY PAJO CWMS CO TR TYPrDAWSURANCE POLICTIGNISER POLIty1fFECTME DATV(MIA.roDMN) POUCYt1PiRAnO*j DATE[MMeMY" LNYNTi 1E45RALLUR111TY GENERAL AGGREGATE f PROO.JCT!-COMPrOPAGQ f COMMERMALOENERALL.IADILITY LL.11MS MADE❑OCCUR PERSONAL E ACN IvJLRY f EACH OCCURRENCE f DWNER 1 • C01:TRACTOR-11 PILOT FIREDAMAOC jAny on* on) f MED EX/ICY M-Fen$ I A AUTOMOOILKUAIUTY ANYAuTO AC11028534 04/10/08 04/10/99 MOONED SJnCLELIMIT f 1,000,000 RMLY INJL'AY IP„►arson) f AtL GWNaa AUT08 X iCHEDUttOAUTO! ■OOILYINJURY (Pot accident) f X roMfOAUT0! X MOHO"DAUTOS rci ��. ��;? ^ T r4 ^?r: PRCI►ERTYOAMAGC E 17. Pr rn GARAULLMUTY AUTO LY•EAACC01NT f OTHER THAN AUTO ONLY. ANYAUTO EACH ACCIDENT f I AGGRt0ATt L EXCSSS LJAMUTV tACN OCCURRENCE f AGGREGATE UMMRELLA FORM 9 OTHER ?RAN UMDRCLLA FORM MAKERS COMFEr3ATIONA40 +� STAT'u I lori ERFLOY[AS UAB L17Y fl EACH ACCIDENT is T4L PRO►METOR) MCI. ►ARTxrRsrocECUTrvE EL DISEASE ,POLICY LMT is EL &SEASE FA EMPLOYEE s OFFIURSARF_ EACL OTJ+ER Di S_RIP'10f1 OF CeiRAFIUNL.'LOCA[IONL'ViHI.LtsmpLCIALITEMS "Except 10 dayys notices for non ppa ont of ppromiva. certificate holder and OceanView Schbal Distriot, its A tints Employnes L OEficera are nam d additional nmurad. CndorsamQnt to follow frog tAa company. (KX30AI) tx#714-374- 573 CERTIFICATE HOLDER CANCELLATJON I HLINTI-1 SHOULD AWOIL 7%9AAOVRDEtCRIBEDPOLICIES BECANCSLLEDacFORCTKE I City of Huntington 9oach, Its ExPIRAT*NDATE THEREOF.IFEISSUING COMPANY WILL MAL Agents, Employcee, Offteore Attn: Eric Charlonne 30 DAYswwrrfNNOnCEToTHE CERTWIGATE"OLDER NAMtDTOTHELEFT , 2000 Maine Street Huntington poach CA 92648 AUTHOR ZED REPAESENTAn,,E John Paqulayan (/w ACORJ 25 S 11115E ` 41COR0 CORPORATION 1985 ,�- l 'a 6SE6+86L+606 'C'N TH sere ini '3oss 7i3,,wnm a 6s*6 111 c6-n-1nr ENDORSEMENT #2"5 ENTITLED CERTIFICATE -HOLDERS' NOTICE EFFECTIVE 04f191/98 I9 ATTACHED TO AND FORMS A PART OF THIS POLICY. I have received Performance Bond No. P2698209 — Reliance National Indemnity Company, For Arteck; Labor and Material Payment Bond No. P2698209 — Reliance National Indemnity Company, For Arteck; and Performance Bond No. P2698209 — Reliance National Indemnity Company, For Arteck — 3 Bonds Issued in 3 Counterparts. Re: CC-1047 — Phase 2 Oak View Library Expansion Project Dated: Z9� By: _ THIS BOND ISSUED IN THREE COUNTERPARTS PREMIUM $3,450.00 Bond No. P2698209 f RELIANCE NATIONAL INDEMNITY COMPANY PHILADELPHIA. PENNSYLVANIA PERFORMANCE BOND The American Institute or Architects, AIA Document A311, February 1970 Edition, KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address Cr legal title of Contractor) ARTECK 26762 CARRANZA DRIVE MISSION VIEJO, CA 92691 as Principal, hereinafter called Contractor, and RELIANCE NATIONAL INDEMNITY COMPANY, a Wisconsin corporation, as Surety, hereinafter called Surety. are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF HUNTINGTON EEACH 2000 MAID' STREET HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FIFTEEN THOUSAND AND NO 100-- Dollars (St 15, 000.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for OAK VIEW LIBRARY EXPANSION in accordance with Drawings and Specifications prepared by (Here insert Nii name and address or tegat tide of Architect) oe� which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shalt promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shalt remain in full force and effect The Surety hereby waives notice of any alterations or extension of fir ie made by the Owner. Whenever Contractor shall be, and declared by Owner to be in de`.ault under the Contract, the Owner having performed Owner's otifigatiors thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions. or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions. and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Worts progresses (even though there should be a dolault or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragrapht hereof. The term "balance of the contract price" as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount property paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. "i:��,"MIBEi Ably S:Y�P": TO B:FC `).:E 16TH JULY 9$ Signed and sealed this day of 19 A. MESSAH ( R Comm. #1056732 ` NOTARY PUBLIC - CALIFCF+.. A) i a ORANGE COUNTY nr v-s Pelormance Bond FWsed to February.1970 ,;8 5715ax (1) printed in U.S-A. FIOP-2304 ar94 � ARTECK! • '�1�.� lSeal) / (i'rint0 fntle) NRV NCE NA IONAL ,EMVY COMPANY RAVDY S OH::, AT RNEYe)IN FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On JULY 16, 1998 before me, SHARON RITTER. _ NOTARY _PUBLIC _ DATE NAME. TITLE OF OFFICER . E G_ ywE DOE. NOTARY PV007 personally appeared RANDY SPOHN - NAME(S) OF SIGkER($) ❑ personally known to me - OR - © 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 ac- knowledged to me that helshe/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _Z 0 4� aT� A,,/-/ I A S-,NATLOX OF NOTARY OPTIONAL Though the data below is not required bylaw. it may prove valuatle to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T1TLE(S) ❑ PARTNER(S) ❑ vo-rEI] ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NAVE OF PEp50N:510': ENTmpCS) DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER Or- PAGES JULY 16, 1998 DATE OF DOCUMIENT SIGNER(S) OTHER THAN t-YU4ED ABOVE 5 9590 (4r94) THIS BOND ISSUED IN THREE COUNTERPARTS BOW #P2698209 RELIANCE NATIC)N.AL INDEMNITY COMPANY PHIIADELPHIA, PENNSYLVANIA LABOR AND MATERIAL PAYMENT BOND The American Institute o1 Architects, ATA Document A'J11, February 1970 Edition. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL. AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here Insert full name and address or legal title of Contractor) ARTECK 26762 CARRANZA DRIVE MISSION VIEJO, CA 92691 as Principal, hereinafter called Principal, and, RELIANCE NATIONAL INDEMNITY COMPANY, a Wisconsin corporation, as Surety. hereinafter Called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF HUNTINCTON BEACH 2000 MAIN STREET HUNTINCTON BEACH, CA 92648 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED FIFTEEN THOUSAND AND NO 100-- Dollars ($115 , 000.00 1 for the payment whereof Principal and Surety bind themselves, their heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. Principal has by written agreement dated Owner for 19 . entered into a contract with OAK VIEW LIBRARY EXPANSION 1. In accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, it Principal shalt promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise It shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to in- clude that part of water, gas, power, light, heat oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justty due claimant and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such Soli 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with th.e Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were fumished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the dale on which Principal ceased work on said Contract, it being understood. however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state (n which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, in- clusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 16TH day of JULY 19 98. (Witness) (Witnew) Labor and Material Payment Bond Revised to February.1970 SS 57 15ax (2) Printed in USA 600-2304A 4194 ARTECK (Seal) (Principan By f� (T�def RELIANCE NATIONAL INDEMNITY COMPANY By T Y SPO N Attorney -in -tact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On JULY 16, 1998 before me, SHARON RITTER NOTARY PUBLTC DATE NAME. TITLE OF OFFICER . E G.. I1ANE DOE. NOTARY PVflLlC- personally appeared RANDY SPOHN NAME (S) of SIGNERS} ❑ persoTiaily known to me - OR - © proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that helshe/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. v Sr,,&ATUR_-OFNOTARY . OPTIONAL Though the data below is not required by law, it may prove valuatte to persons relying on the document and could prevent fraudulent reattachment or this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE($) ❑ PARTNER(s) ❑ LIMITED ❑ GENERAL Q ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARO(ANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: sk-AE OF PERSoN;t)C-R EN11rY(IE$) DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TklO TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES JULY 16, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAfi .EO ABOVE S 9590 (W94) RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY 02326 RELIANCE NATIONAL INDEMNITY COMPANY VALID ONLY IF NUMBER IS IN RED ADMINISTRATIVE OFFICE, PHILADELPHIA. PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duty organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that FELIANCE NATIONAL INDEMNITY COMPANY is a corporation duty organized under the taws of the State Of Wisconsin (herein Collectively called "the Companies*) and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Randy Spohn of Anaheim. California their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver icr and on their behalf, and as their act and deed: Contract Bonds - Maximum Penalty All Other Bonds - Maximum Penalty $1,000,000.00 525,000.DO 'ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING ITS EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY.' and to bind the Companies thereby as lull and to the same extent as d such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by "i other of such officers, and hereby ratifies and confirms all that their said Attorneys) -in -Fact may do in pursudnce hereof. This Power of Attorney is granted under and by the authority of Article Vll of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and REUAVCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BCNDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on beha'f of the Company, bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorneys) -in -Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, Corb acts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of the bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. Tlvs Power of Attorney is signed and sealed try facsimile under and by authority of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Pacific Insurance Company and Reliance Nat onal Indemnity Company by Unanimous Consents dated as of February 28, 1994, by the Executive and Finance Cornmilfee of Reliance Insurance Company at a meeting held on Mach 10. 1994 and by the Executive and Finance Committee of the Board of Directors of Reliance Surely Company by Unanimous Consent dated as of March 31, 1904. 'Resolved that the signatures of such directors and ofticers and the seal ct the Company may be affixed to any such Power of Attorney or any certificates relating thereto by (acsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shaft be valid and binding upon the Company and any such Power so executed and certified by facsirrvle signatures and facsimile seat steal be valid and binding upon the Company. In the future with respect to any bond or undertaking to which it is attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this 15th day of January, 1998. yy"', M`�"tI �oP►��i°off � �i �`SI'ilL SEAL' - _ �y $ 'SEAL t * 1i39� o roar �� ,�i '�'�7• act»�',,e STATE OF Pennsylvania I COUNTY OF Philadelphia ) ss. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, the 151h day of January,1998, before me, Valencia Worlham, appeared 03vid 7 Akers, who acknowledged himself to be the Senior Vice President of Setiance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company, and that as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as its duly authrrzed oYicpr. In witness whereof. I have hereunto set my hand and DITICIal NOTARIAL SEAL VALENCIA WORTHAM. Notary Public City of Philadelphia, Phila. County My Commission Expires Nov.18.2000 Notary Public in and for State of Pennsylvania Residing at Philadelphia L Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing Is a We and correct copy of a Power of Attorney executed by said Companies, which is stilt in fun force and effect. 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals Of za d Companies this 6T11day of JULY 19 98 P2698209 Secretary THIS PO%VER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. THIS BOND ISSUI•:D IN THREE COUNTERPARTS PRE lin $3,450.00 Bond No- P2698209 RELIANCE NATIONAL INDEMNITY COMP. W--?- PHILADELPHIA, PENNSYLVANIA PERFORMANCE BOND The American Institute of Architects, AIA Document A311, February 1970 Edition, KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) ARTECK 26762 CARRANZA DRIVE MISSION VIEJO, CA 92691 as Principal, hereinafter called Contractor, and RELIANCE NATIONAL INDEMNITY COMPANY, a Wisconsin corporation, as Surety, hereinafter called Surety are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FIFTEEN THOUSAND AND NO 100-- Dollars ($115, 000.00 ), for the payment whereof Contractor anc Surety bind themselves, their heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents. WPEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for OAK VIEW LIBRARY EXPANSION in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title ofArchiiect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void: otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alterations or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's ob igations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, it the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price. but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price" as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the ccritract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, admirAt, f2grIJFq Ps?+t.l�` Signed and seated this 1tlIS, f ✓..t)AY OF. ��sg,.,r- „ 1 TH day of JULY 1998 � ARTECK tG J A — (Seal) .....:, h , (Principal) A. MESBA!-1 �t( ( - s Comm. 01056732 r (Title) %OTAAV PUl3JC • cALIFCR`i' - EL(A N NA WDEMNITY COMPANY ORANGE lr �uNTY Comm Exp Mav 1 -- (w.trtess) RA1d SPOHS fTme P 3dormance Bond ATTORNEY IN FACT A3vised to Febeuary,1970 S3 $715ax (1) Printed in USA. g�P-230d 4194 u__ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On JULY 16, 1998 DATE before me, SHARON RITTER NOT R jmuE. TITLE OF OFFICER -E G_'A&NE DOE. 1007ARY Pll8L1C- personally appeared RtXDY SPOHN - hiwE(S) OF SIGNER(S) ❑ personally known to me - OR - © 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 ac- knowledged to me that helshelthey 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. �J SC04AnWeOFtCTA Y OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and Could prevent fraudulent reattachment of this four. CAPACITY CLAIMED BY SIGNER ❑ INDIVIOUAL ❑ CORPORATE OFFICER nTLE(S) ❑ PARTNER(S) ❑ LMUTED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: hAMC OF PE RSOF:-S (eR ENTiTYQC S) DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES JULY 16, 1998 DATE OF DOCUh4E=NT SIGNER(S) OTHER 1HAN NAMED ABOVE S 9590 (<P34) THIS BOND ISSUED IN THREE COUNTERPARTS BOND #P2698209 RELIANCE NATIONAL INDEMIV'ITY COMPANY PHILADELPHIA, PENNSYLVANIA LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AIA Document A)l I. February 1970 Edition, THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE �OVINER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or Segal title of Contractor) ARTECK 26762 CARRANZA DRIVE MISSION VIEJO, CA 92691 Es Principal, hereinafter called Principal, and, RELIANCE NATIONAL INDEMNITY COMPANY, a Wisconsin corporation, as Surety, hereinafter called Surety, are held and firmly bound unto (here insert full name and address or legal title of Owner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 its Obligee, hereinafter called Owner, for the use and benefit of claimant.. as hereinbelow defined, in the amount of ONE HUNDRED FIFTEEN THOUSAND AND NO 100-- Dollars ($115, 000. 00 for the payment whereof Principal and Surety bind themselves, their hers. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for OAK VIEW LIBRARY EXPANSION C �v in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, If Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, howeve► to the following Conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract labor and material being construed to in- clude that part of water, gas, power, light, heat, oil, gasoline, telepho ie service or rental of equipment directly applicable to the Contract 2. The above named Principal and Surety hereby jointly and severa'I-f agree with the Owner that every claimant as herein defined. who has not been paid in full before the expiration of a period of ninett (90) days after the date on which the last of such claimant's work or tabor was done or performed, or materials were furnished by such claimant may sue on this bond for the use of such claimant prosecute the suit to final judgment for such sum or sums as may be jusdy due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or perlormed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal. Owner or Surety, at any place where an office is regularty maintained for the transaction of business. or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being unders!ood. however. that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of liritation permitted by such law. C) Other than in a state court of competent jurisdiction in and for the County or other political subdivision of the state in which the project or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made In good faith hereunder, in- clusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement. whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 16TH day of JULY 19 98. ARTECK (Principal (Seal) (Witness) (T4fe) (Witness) Labor and Material Payment Bond Revised to February.1970 SR 571Sax (2) Printed in U.SA BDP-2304A 4194 RELIANCE NATIONAL INDEMNITY COMPANY By -- ('0Z 0,04, . Y Spu naorney-in-tact :.ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA Count/ of ORANGE DULY 16, 1998 �n before me, _ WITE personally appeared RANDY SPOHN _SHARON RITTER, NOTARY VUBLIC KAME. TITLE OF OFFICER • E G .'JANC DOE. NOTARY PUBLIC- MuE(S) OF SIGNER(S) ❑ personally known to me - OR - Q 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 ac- knowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. VVITNESS my hand and offid I seal. 5PCdAATUQ1 Or WTARY . OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TIRE(" ❑ PARTNER(G) Ll 1. ArTED ❑ GEt4ERAL Q ATTORNEY -IN -FACT ❑ TRUSTEE(S) (D GUARDIAN:CONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NAME OF F£RSON-,S)CF ENTITY(ES) DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TIA'O TITLE OR TYPE Or DOCUMENT NUA93ER OF PAGES JULY 16, 1998 DATE OF DOCUMENT SIGNER(S) OTHER IUMN NAMED ASOVE Qssa (4ra4; RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY 02326 VALID ONLY IF NUMBER IS IN RED ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY TH[SE PRESENTS, that RELIANCE SURETY COMPANY Is a corporation duty organized under the laws of the State of Delaware. and tt'.at RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the taws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL. INDEMNITY COMPANY Is a corporation duly organized under the taws of the State of Wrscensin (herein collectively called 'the Companies") and that the Companies by virtue of signature and seats do hereby make, constitute and appoint Randy Spohn of Anaheim, California their true and lawful Altorney(s)-in-Fact. to make, execute, seal and deliver for and on their behalf, and as their act and deed: Contract Bonds - Maximum Penalty All Other Bonds - Maximum Penalty St,000,000.00 325,000.00 "ANY BOND OR INDEMNITY PROVIDE? THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING ITS EXECUTION ACCOMPANIES TFIS POWER OF ATTORNEY." and to bind the Companies thereby as full and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attcrney(s)-in-Fact may do in pursudoce hereof. This Power of Attorney Is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and ellect, reading as follows: ARTICLE Vil - EXECUTION OF BONDS AND UNDERTAKING I. The Board of Directors, the President, the Chairman of the Baird, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shalt have power and authority to (a) appoint Attorneys) -in -Fact and to authorize them to execute on beha't of the Company, bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Atterney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shalt have power and authority, subject IC the terms and limitations of the Power of Attorney Issued to there, to execute deliver on behalf of the Company, bones and undertakings, recognizances. Contracts of indemnity and other writings obligatory In the nature thereof. The corporate seal is not necessary for the validity of the bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof. 3. Altorney(s)-in-Fact "have power and authority to execute affidavits requhed to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Cornpa and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by autt•oity of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Pacific insurance Company and Reliance National Indemnity Company by Unanimous Consents dated as of February 28, 19N. by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10, 1994 and by the Executive and Finance Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31.1994. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Mower of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bkdng upon the Company and any sucri Power so executed and certified by facsimile signatures and facsimile seat small be valid and binding upon the Company. In the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this 15th day of January, 1998. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPAW UNrrED PACIFIC INSURANCE COMPAN' SA�' CA wnrRELIANCE NATIONAL INDEMNITY COMPAN lots STATE OF Pennsylvania ) COUNTY OF Philadelphia ) ss. On this, the 15th day of January,1998, before me, Valencia Wortham, appeared David T. Akers. who aCknowledged himself t0 be the Senior Vice Presid of Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company and Reliance Nationai Indemr Company, and that as such, being authorized to do so, executed the foregoing Instrument for the purposes therein contained by signing the name of ' - corporation by himself as its duly authorized officer. In witness whereof. I have hereunto Set my hard and official seal. NOTARIAL. SEAT. VALENCIA WORTktAM. Notary Public i City of Philadelphia, Phila. County My Commission Expires Nov. 18. 20M Notary Public In and for State of Ptnnsyty Residing at Philade I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE C47MPANY RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify Iral the above and foregoing is a true and correct copy of a Power of Attorney executr said Companies, which is still in tun force and effect. W UTNESS WHEREOF, t have hereunto set my hand and affixec the seats of sa:d Companies this 6THday of SULi 19.! ...s @ .-.-+'r P26g$��� Secretary rIrER of ATTORNEY EFFECTIVE ONLY rF ATTACHED TO BOND NO. THIS BOND ISSUED IN THREE COUNTER_?ARTS PREMIUM $3,450.00 Bond No. P2698209 RELIANCE NATIONAL INDEMNITY COMPANY PHILADELPHIA, PENNSYLVANIA PERFORMANCE BOND The American Institute of Architects, A1A Document A711. February 1970 Edition. KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) ARTECK 26762 CARRANZA DRIVE MISSION VIEJO, CA 92691 as Principal, hereinafter called Contractor, and RELIANCE NATIONAL INDEMNITY COMPANY, a Wisconsin corporation, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as Obligee. Hereinafter called Owner. in the amount of ONE HUNDRED FIFTEEN THOUSAND AND NO 100-- Dollars ($115, 000. 00 j, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 . entered into a contract with Owner for OAK VIEW LIBRARY EXPANSION in accordance with Drawings and Specif,cations prepared by (Here insert foi name and addressor legal bile of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract NOVI, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void'. otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alterations or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner. and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price" as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration cf two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs;-exe=cxs.7dniCq�tlVqaor,5q.gessors of Owner. .213, 16TH .IULY 7998 Signed and.seale4A1ii0F.�r� .19,. ,. day of ....:[ ... . ��IL - V"- - �� /.1 ARTECK l _ (Sea .. !� ESBAH (Prix. -t'yt Co"Nri � t15673� ;j �_t n trd n .1 N0TAR • J1 ^_Lr; CAL!- " ) (T.tie) r r -L,yam Comm E■a�htav t" " ' ' ELIAI' E NAT L DEMNITY COMPANY .� • (witness) - - Performance Bond Revised to February.1970 $B 5715ax (1) Printed in USA BOP-23C4 4194 RAND SPOHN, (Title) ATTORNEY IN FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On JULY 16, 199$ before me, SHARON RITTER NOTARY-T-IBLIC DATE NAME, THE OF OFFICER - E_G_ jANE DOE, MOTARY PUBLIC personally appeared RANDY SPOHN KAME(S) OF SIGNER(S) ❑ perscmaliy Known to me - OR - © 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 ac- knowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. f S* An.%; E OF NOTARY OPTIONAL Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudufent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIOUAL ❑ CORPORATE OFFICER nnEts) ❑ PARTNER(S) ❑ WAITED ❑ GENERAL Q ATTORNEY -IN -FACT ❑ TRUSTEE(S) l� GUARDIAN/CONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NA.MF OF PERSON;S)OQ ENTITY11ES) DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND ONE TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES JULY 16, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S 9S9D (4194) THIS BOND ISSUED IN THREE COUNTERPARTS BOND #P2698209 RELIANCE NATIONAL INDEMNITY COMPANY PHILADELPHIA, PENNSYLVANIA LABOR AND MATERIAL. PAYMENT BOND The American Institute of Architects, AIA Document A311. February 1970 Edition. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) ARTECK 26762 CARRANZA DRIVE MISSION VIEJO, CA 92691 as Principal, hereinafter called Principal, and. RELIANCE NATIONAL INDEMNITY COMPANY, a Wisconsin corporation, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, In the amount of ONE HUNDRED FIFTEEN THOUSAND AND KO 100-- Dollars ($115,000.00 for the payment whereof Principal and Surety bind themselves. their I-eirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for 11 _ O t+ OAK VIEW LIBRARY EXPANSION 0 i'-!� F ��;G;., C!,. By DOYwtY CftY Attox ey 699, In accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, If Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use In the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to In- clude that part of water, gas, power, fight, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined. who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were fumished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment fcr such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such sui. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of tl)e work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notce shall be served by mailing the same by registered mail or certifed mail, postage prepaid. in an envelope addressed to the Principal. Owner or Surety, at any place where an office Is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located. save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood. however, that if any limitation embodied in this bond Is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction In and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or In the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, in- clusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement whether or not claim for the amount of such lien be presented under and against this bond. Signed and seated this 16TH day of JULY 19 98. ARTECK (Principar) (Seal) (Witness} zu G- (tine} RELIANCE NATIONAL INDEMNITY COMPANY By (Witness) Rr Y SPO Attomey-m-tact Labor and Material Payment Bond R&ASW to February.1970 SB 571Sax (2) Printed in U.SA EDP-2304A 4r94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On JULY 16, 1998 DATE personally appeared before me, SHARON RITTER NOTARY NAME. TITLE OF OFFICER . E_G. JANE DOE. NOTARY PUBLIC' RANDY SPOHN NAME($) of SIGNER(S) ❑ persohally known to me - OR - © 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 ac- knowledged to me that he/she/they executed the sslme 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 off,qf�al seal. J'ale�lz likoqrul ilfiF- OF NOTARY OPTIONAL Though the data below is not required by law. it may prove vaivab'e to persons relying on VV document and could prevent fraudutent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT f❑ TRUSTEE(S) lJ GUARDIANICONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NAME OF PERSON iIOR ENT IrY(IE S) DESCRIPTiON OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT TWO NU%IBER OF PAGES JULY 16, 1998 DATE OF DOCUMENT SrGNC-R(S) OTHER THAN fq.Af, C0 ASOVE 5 9590 W94 ) RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY 02326 RELIANCE NATIONAL INDEMNITY COMPANY VALID ONLY IF NUMBER IS IN RED ADM;NISTRATIVE OFFICE, PHILADELPHiA, PENNSYLVANiA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY Is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNTED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL_ INDEMNITY CCMPANY Is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called `the Companies") and that the Companies ty virtue of signature and seats do hereby make, constitute and appoint Randy Spohn of Anahelm, California their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed: Contract Bonds - Maximum Penalty Alt Other Bonds - Maximum Penalty $1,000,000.00 $25,000.00 'ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING IT$ EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY." and to bind the Companies thereby as full and to the same extent as 9 such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in-Fad may do in pursuance hereof. This Power of Attorney Is granted under and by the authority of Article Vtl of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC IySURANCE COMPANY, and RELLIIJCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE V1I - EXECUTION OF 12CNDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attomey(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizes, contracts of Indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(*In-Fact at any time and revoke the power and authority g;ven to them. 2. Atlorney(s)-in-Fact shall Nava power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seat is not necessary for the validity of the bonds and undertakings, recognizes, contracts of Indemnity and other writings obligatory In the nature thereof. 3. Atto TwAs)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or otter conditional or obligatory undertakings and they shad also have power a xi authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Paci% Insurance Company and Reliance National Indemnity Company by Unanimous Consents dated as of Febnrary 28. 1994, by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10, 19,34 and by the Executive and Finance Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31.1994. "Resolved that the signatures of such directors and officers and the sa..al of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile Seal 3W be valid and Mulling upon the Company and any such Po *r so executed and certified by facsimilo signatures and facsi nile seal shall be valid and binding upon the Company, In the future wits respect to any bond or undertaking to which It Is attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this 15th day of January,1998. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY s�. . �SEAL' jl/39t ° aA V STATE OF Pennsylvania I COUNTY OF Philadelphia ) ss. On this, the 15th day of January,19M, before me, Valencia Wortham, appeamd David T. Akers, who acknowledged himself to be the Senior Vice President of Reliance Surety Company, and the Vito President of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company, and that as such, being authorised to do so, executed the foregoirg Instrument for the purposes therein contained by signing the name of the corporation by himself as Its duly authorized officer. In witness whereof, t have hereunto set my hand and official seat. NOTARIAL SEAL , VALENCIA WORTHAM, Notary Public_ City of Philadelphia. Phila. County My Commission Expires Nov. 18.2000 Notary Public in and for State of Pennsylvania Residing at Philadelphia 1 1, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby Certify that tho abova and foregoing is a tare and correct copy of a Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thin 6THday of JUL,Y(5 1 g 9 $ �'- 11 �i � ... _� .� �rOd'� + , P2698209 secretary THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACKED TO BOND NO. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY 02326 RELIANCE NATIONAL INDEMNITY COMPANY VALID ONLY IF NUMBER IS IN RED ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY Is a corporation duty organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called `the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Randy Spohn of Anaheim, Cafifornla their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed: Contract Bonds - Maximum Penalty All Other Bonds - Maximum Penalty $1,000,000.00 S25,0W.00 "ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING ITS EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY." and to bind the Companies thereby as full and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by ore other of such officers, and hereby ratifies and confirms all that their said Atiomey(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Art cle VII of the lay -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIAPICE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or Other officer designated by the Board of Directors shall have power and authority to (a) appoint Attomey(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attomey(s}-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal Is not necessary for the validity of the bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory In the nature thereof. 3. Attomey(s)-in-Fact shall have power and authority to execute atfidmits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of .�- the By-laws of the Company or any article or section thereof. This power of Attomey Is signed and sealed by facsimile under and by authority of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Pacific Insurance Company and Reliance Nar.ional Indemnity Company by Unanimous Consents dated as of February 28, 1994, by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10, 1994 and by the Executive and Finance Commiree of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Mower of Attorney or any certificates relating thereto by facsimile, and any such Power of A;tomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, In the future with respect to any bond or undertaking to which it Is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this 15th day of January,1998. O c +ter "SEAL V ray. � '• STATE OF Pennsylvania ) COUNTY OF Philadelphia } ss. i vsFt c '1 ►�� � h��Y�prH�e RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY VA F-47 IN On this. the 15th day of January,1998, before me, Valencia Wortham, appeared David T. Akers, who acknowledged himself to be the Senior Vice President of Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company, and that as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as fits duly authorized officer. In witness whereof. I have hereunto set my hand and official seal. NOTARIAL SEAL VALENCIq WORTHAM, Notary Public l City of Philadelphia, Phila. Counts Notary Public in and for State of Pennsylvania h1y Commission Expires Nov. 18, 2COG Residing at Philadelphia I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and Correct copy of a Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand and affixed the seals of said Companies thisTHday of JULY 19 98 . �1 P26982U9 Secretary TNIs POWER DF ATTORNEY EFFECTIVE ONLY R ATTACHED TO BOND NO. , SECTION C PROPOSAL for the ` r - Oak View Library Expansion 17251 Oak Street _ CASH CONTRACT No.1047 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 45 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 PROJECT BID SCHEDUIf USA 60 o - 0-0 -Item Estimated Item with unit price Extended Nm Quantity written in words Unit Price Amount 1 1 Lump Sum Base Bid es�(All items excluding Add ive Alternates A through D) @�f� Dollars Cents $ y Per Lump Sum - - - t r.. 2 1 Additive Alternate "A" (Computer Lab) _ Lump Sum @ Th l tjy lhoaSa) Dollars $ 30t 000 $ 30,T— — d' Cents Per Lump Sum 3 1 Additive Alternate "B" (Parking Lot Addition) Lump Sum @ Tieoasaolkld Dollars $ 31,E 060 $ 31,_TA Cents Per Lump Sum 4 1 Additive Alternate "C" (Entrance Trellis) Lump Sum @t�" /Pn 'k0 (14ae,,.d Dollars $ 2l� ee n $ 2-1, e o 0 Cents Per Lump Sum 5 1 Additive Alternate "D" (Accordian Door) Lump Sum @ fj VC 't6ya Sonj Mi"ne Dollars H wy.dr�a $57qlo $ $9 C 0 Cents Per Lump Sum e LowBid will be based on BidItem No The City may elect to add any Additive Alternate to'the Base Bid subject to available funds C-1s 1 If awarded the Contract, 6l' ndersigned agrees that in the event he 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 tlus 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 ^"SI D+ &o 'J in the amount of $ 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. AddendaNo. Date Received Bidder's Signature 700 , C-2 - r 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 w - - _ F , pardon Qf ork Name and Address of.�ubeontractor Siate license Number Alass 6MTPJ ChTALOM/ 9&6crklLAGOIJWMGvsll 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 JNCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBAUTTED WITH BID elf State of California - - s_s County of Orange ai, C being first duly sworn, deposes and says that he or she is ; x 6CAP.-ij �ttl' of 4ATgc*- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed - s 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 J 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 AQTlaGw Name of Bidder i�AA Signature of Bidder 7-6767, 4-9,[..4, Vz-+ D21JA *SS/pw vie* vGatl Address of Bidder Subscribed and sworn to before me tlusg&P day of -CTU/✓G— , 199 SBAH aill Comm #1056732 OTARYPUBLIC CALIFORN ORANGE COUNTY Comm Exp May 17 19Q' NOTARY PUBLIC C-4 NOTARY SEAL 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 Oak View Library Expansion, (n(we)(it) will employ and 'utilize only qualified persons, as 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 famzkar with the operation to be performed and theharzards 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 herem 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 0 4 r AeV cj(-- Contractor 6*r4,t -,-P�'if Title C-5 DIS k-LIFICATION QUESTIOW — 2E + In accordance with Government Code Section 14310 5, the Bidder shall complete, under penalty ofperuury, the following questionnaire = r r ` QUESTIONNAIRE r - _ 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 othervnse prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety _ regulations _ - ❑ Yes 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 COMrr.NSATION INSURANCE CEkrIFICATE Pursuant to Section 1861 of the State Labor Code each contractor to whom a public works y contract has been awarded shall sign the following certificate - V � '1� ✓ w a I am aware of the provisions of Section 3700 of the Labor Code which require every r F ` employer to be nisured agamst liability for workers compensation or to undertake self j 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 `= - r � - Contractor Date (D 3 a q By C7 UN 1 RGROUND SERVICE ALEF IDENTIFICATION NUMBER { Y (To be completed only by the awarded Contractor prior to excavation) Fj x l � 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 f 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 A27c qZ- Contractor G{V►,rrXj �azt&A Title Date 3 Note This form is required for every Dig Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request C8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Bidder Name ZG7GL- CAiA}A)z0f D2i✓, - - Busmess Address - �1�1 9z 6,1 City, - State Zip 6�)583 990o S�b3--7573 Telephone Number / f 6g�ag7 0- State Contractor's License No and Class 3' 111 Original Date Issu d 7/ 3,/ ZOO 0 Expiration Date The work site was inspected by L of our office on 617-q1111 199_ The following are persons, firms, and corporations having a principal interest in this proposal C-9 The undersigned is preparec satisfy the Council of the City of Hu. lgton Beach of its ability financially or otherwise to perform the contract for the proposed work and improvements m accordance with the plans and specifications set forth Company Name C� r Signature of Bidder - Printed or Typed Signature - Subscribed and sworn to before me this r. day of d�E 199 10�� NOTARY PUBLIC �l'l 6 4 ` Comm #1056732 NOTARY PUBLIC CALIFORN 40 ORANGE r% COUNTY Comm Exp May t 7 19Q 1 ti NOTARY SEAL Listed below are the names address and telephone numbers for three public agencies for which the bidder has performed similar work withm the past two years 1 CI Ty qF SA J D/,G'o Name ind Address of Public Agency pqw) (�27-, 3Z33 Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed 2 C, -�Y OF s.1 ;J �7�Gr C 0ZZ22 OYI- Name afid Address of Public Agency 3 Name and Telephone No of Project Manager 51(,t A I Q %, D d O- N elni 146v5r & �� T,� i `i q G Contract Amount Name and Address Type of Work 05, Date Completed Name and Telephone No of Project Manager L"t' n G 8A v as ZG4Qsa Contract Amount >qrAU3 of Work C10 (997 Date Completed H� City of liuntington Beach • library • administration • To: Honorable Mayor and City Council Al rs Via: Ray Silver, City AdministratorZ, From: Ron Hayden, Director of Library Servi s Subject: Modification of Recommended Actio em E-7, 7 0/98 Council Afeeting Date: July 17,1998 The Oak View Library expansion project included additional parking as a bid alternate. Funding was not included in the original RCA. Subsequently, the Ocean View School District emphasized the importance of the expanded parking lot. To comply to the school district's request, an additional $31,000 is needed. In consulting with Economic Development Staff, funding is available in the unprogrammed funds account # E-HR-ED-877 to complete the parking lot at this time. Therefore it is recommended that Recommended Actions # 1 and #3 for Item E-7 be amended to the following motions: 1. Approve reprogramming $89,000 from unprogrammed CDBG funds to the Oak View Library Expansion Project; CC1047, and 3. Authorize the Director of Public Works to expend a total of $162,500 including the contract amount of $115,000, estimated construction change order contingency of S42,500 and supplemental expenditures of S5,000. Cc: Connie Brockway, City Cleric CC$iiUNT1V0T0N BEACH PUBLIC LIBRARY S Y S T E Ai (6) 07/20198 - Council/Agency Agenda - Page 6 E-6. (City Council) Approve 1998199 Tentative Budget - West Oranae Countv Water Board (320.80) - Approve the 1998/99 tentative West Orange County Water Board Budget in the amount of $261,725. Huntincton Beach share is $143,462. Submitted by the Public Works Director. [Approved 7-01 E 7. (City Council) Authorize Award Of Construction Contract To Arteck Engineerina For The Oak View Library Expansion Project - CCA047 -And Reprogram $58,000 In CDBG Funds To The Project (600.80) -1. Approve reprogramming of $59,090 [$69,000]from unprogrammed CDBG funds to the Oak View Library Expansion Project, CC-1047; 2. Approve the low responsive/responsible bid submitted by Arteck Engineering for the Oak View Library Expansion Project, CC-1047 and authorize the Mayor and City Clerk to execute a construction contract in the amount of $115,000; and 3. Authorize the Director of Public Works to expend a total of $131.600[$162,5001 including the contract amount of $115,000, estimated construction [change order] contingency of $9A[42,500], and supplemental expenditures of $5,000. Submitted by the Public Works _Director-Lihrary_Services,Director, and the a Economic Development Director. [Approved as Amended 7-01 E-8. (Clty Council/Redevelopment Aaencv) Adopt Redevelopment Aaencv Resolution No. 288 - Amends Redevelopment Agency Debt (1997-98) Pursuant To Operative Agreement (600.30) -Adopt Redevelopment Agency Resolution No. 288 - "A Resolution of the Redevelopment Agency cf the City of Huntington Beach Amending the Agency Debt Pursuant to the Operative Agreement Between the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach for the Huntington Beach Redevelopment Project." Submitted by the Economic Development Director and the Deputy Citv Administrator -Administrative Services Director. [Adopted 7-01 E-9. (Redevelopment Aaencv) Approve As To Form Oceanview_Promenade Office Space Lease Between Capital Corporation And Abdelmuti Development Company_ (Suite 2A And_2H) (600.30) - Approve as to form the Office Space Lease Between Abdelmuti Development Company, A Califomia General Partnership, As Landlord, And Clearview Capital Corporation, A California Corporation, As Tenant for office space within the Oceanview Promenade. Submitted by the Economic Development Director. [Approved 7-01 E-10. (City Council) Adopt Resolution No. 98-58 -Approves The Request To Vacate A Railroad Right -Of -Way Easement Located On The North Side Of Pacific Coast Highway, West Of Huntington Street - (31-Acre Area) (800.50) -Adopt Resolution No. 98-68 - "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of a Portion of an Abandoned Pacific Electric Railroad Right -of -Way Easement Located on the North Side of Pacific Coast Highway, West of Huntington Street' Submitted by the Public Works Director. (Request by Sierra Pacific Resources, Inc. to clear cloud from title.) (Property recently purchased by M. S. Vickers 11, LLC from Huntington Beach Company.) (Adopted 7-0J (6) --BG...•�_1`7 CITY OF HUNTINGTON BEACH MEETING DATE: July 20, 1998 DEPARTMENT ID NUMBER: PW 98-065 A t Council/Agency Meeting Held: 7 /a o 197 Deferred/Continued to: d O❑ ,�ppr ved 1.onditionally Approved Denied J7� City Clerk's Signature � Council Meeting Date: July 20, 1998 Department 1D Number: PW 98- CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION D SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL o SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Wor s I 2 , I t RON HAYDEN, Director of Library Servicefelopment Lk 9M DAVID C. BIGGS, Director of Economic D SUBJECT: Authorization to Award Construction Contract for the Oak View Library Expansion Project; CC 1047, and Reprogramming $58,000 in CDBG Funds to the Project Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Status, Statement of Issue: On May 18, 1998, the City Clerk received and opened bids for the Oak View Library Expansion Project; CC 1047, and the project now stands ready to award. City Council can reprogram $58,000 in CDBG funds to enable this project to be completed. Funding Source: CDBG funds totaling $73,500 are available in project account E-HR-ED- 047 and $58,000 is available in unprogrammed funds account # E-HR-ED-877. Recommended Action: Motion to: 1. Approve reprogramming $58,000 from unprogrammed CDBG funds to the Oak View Library Expansion Project; CC 1047, and 2. Approve the low responsivelresponsible bid submitted by the Arteck Engineering, for the Oak View Library Expansion Project; CC 1047 and authorize the Mayor and City Clerk to execute a construction contract in the amount of $115,000; and . 0032345.01 -2- 07106/9811:12 AM REQUEST FOR COUNCIL ACTION MEETING DATE: July 20,1998 DEPARTMENT ID NUMBER: PW 98-065 3. Authorize the Director of Public Works to expend a total of $131,500 including the contract amount of $115,000, estimated construction contingency of $11,500 and supplemental expenditures of $5,000. Alternative Action(s): Cancel the construction project or direct staff to redesign and rebid the project. Analysis: This project involves the installation of a City purchased 1920 square foot modular building along with the construction of a foyer that will connect the existing modular building to the new building bringing the total square footage of the Oak View Library to approximately 4,240 square feet. In 1994, the construction of Phase I of the Oak View library was completed. On November 3, 1997, Council approved Westberg & White to prepare plans & specifications under a professional services contract for the expansion of the Oak View Library. The Oak View Library Expansion Project was recommended by the Citizen Participation Advisory Board and approved by the City Council for the 97198 Action Plan at $180,000. The construction documents included additive alternative bid items such as expansion of the parking lot, a computer lab, entrance trellis and an accordion door to separate the two buildings. None of these additive alternates are included in the award for this project. The bids came in $58,000 higher then anticipated. This is due, primarily, to the bent steel type of construction used in construction of the foyer and concrete used to construct the footings for the new modular building. On June 30, 1998, bids were received and publicly opened by the City Clerk. Summarized below, in order of least dollar amount, are the base bids submitted to the City of Huntington Beach: 1. Arteck Construction Company.....................................................................$115,000 2. Team Construction Company..................................................................... $142,300 In order to award the bid to Arteck Construction, an additional $58,000 will be needed to complete the project. According to the Citizen Participation Plan, the City Council may program the additional $58,000 available in unprogrammed funds. The Department of Economic Development reports sufficient funds are available for this purpose. 0032345.01 -3- OVUM 12:50 PM REQUEST FOR COUNCIL ACTION MEETING DATE: July 20, 1998 DEPARTMENT ID NUMBER: PW 9M65 Environmental Status: The project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachment(s): RCA Author. Charlonne 0032345.01 -4- 0710619 8 11:12 AM ATTACHMENT 1 0019517.01 r- r y� . .ter lafylYIel S,9 in ,coo � r ¢P �'F BOLSA AVE. CO a F- N F 1n H {n m m Mc FADDEN AVE. z EDINGER N ��„ AVE. J Z C� w o aHEIL U ¢ (A a N W 3 AVE. ZE a WARNER V' w AVE. w a a 0 1 SLATER 0 AI TALBERT Ii 9 C 0 �� o ELLIS AVE. CARFIELD .f CO OCEAN KEY MAP PROJECT LOCATION JAV 40rJ .n AV (n N AVE. AVE. ADA, IS AVE. �- INDIANAPOLIS AVE. Y a TLANTA a Z o 0 s AVE. x V W sn m �W z HAMILTON AVE. BANNING CC -1047 OAK VIEW LIBRARY EXPANSION CITY OF HUNTINGTON BEACH j:ojmtm 10/03/97 DEPARTMENT OF PUBLIC WORKS c:\ACAC\cc1047\1047LM-DWC ATTACHMENT 2 0019517.01 *T*c&<. 6LAm PaTA- DARML Y"T ROOP 'AEI. &P*f - ELATE GRET wcxpo PAr-iA 'TE %,'&'A I-Akr- - 61-aLL WMITE "6 TUW OTIEL CORDE).6 .11 CAqM. VAAJLT -20'-0 "EfIlfbTOMY WND0166 ?.III YEW. 610*4 TO ;T mATCW E)CSTI0 L ASIA I-Ah-r- - 146VVIC BUZ E46041 rolarAD.dEAV2 4'-2 PATIO TIRELL16 CONCM TO 604ATUSE ,A&rA PAW, - GwEi-L a"? AL bTA%OW. bEJM PETAL 96APML vAijLT i%0OF *AXFP aPoW - KATE comy MORN ELLYI&= Loco FoACA 'I-q&TA RAW' - &6LL U"TE Ax& TUM STIERL COMML& C-Lilwavow WNCONDA"A T-JU YEdV. jb4r.>W� To MA'rCjj NXSTfo4 ASTA PAW - 104w-ow bLuff 1,aw POPUAME pAffitmff�. VAILT -20 -0 PATLO TWELLIG re TU511 POWAALl DJILJDW42 10% RAN" - 6WE6L. 041TE IN N' i.Y'J&A� i�qiix IL t OAK VIEW LIBRARY PHASE 11 EMT a",.4-10N WEVU" mgm w- VCALG W. rAr Oft ors "C'owlaw r .•r.. • . •.y .PJ•i1iTI,M �JM i'�. i pr�N17M i r-------n1=-----------lp—,.. 1 n aw s r w II 3SVHd AZ:M:ISII M31A Ndo j v 3M7 AG" l:9 w� S31r1i.1C7 V y7v a•+o.+ A•a�o1S p i 1 ! }. 41 j A � A�0'S311i y 1x+b-eo*�v ono 00 No'�d4�doa ' A-N= .. �. y'•4a.Iax+e 3'ev�.1 6 1_ r� --- i 4 1 a�ad9 7w.W7'aI irO.rs 7p 1 �� � - T ' •- _ •. ..iDOPi ;sue r�9ir 1 � � K -__ -- -__-------�-_.----_-_�--------- J_-_-----------------� ATTACHMENT 3 0019517.01 '�CITY OF HUNTINGTON BEACH INTERDErARTh1ENTAL COh1MUNICATIOr TO: ��Cash Contract File 1047 FROM: 'Eric Charlonne, Project Manager SUBJECT: Oak View Library Expansion Project DATE: July 6,1998 Questions A: City of San B: City of San Juan Diego Capistrano Veme Noble ,Bill Ramsy (619) 533- (949) 433-6334 3022 1 Did the contractor work well with your Yes Yes agency? 2 Did they change key personnel during the No No project? 3 Where there any problems with No No subcontractors or suppliers (Stop Notices) ? 4 Did the general contractor work consistently Yes Yes on the project? 5 Was the project completed on time? Yes Yes 6 How was the quality of the work? Good Good 7 1 Would you hire this contractor again? Yes Yes 8 Are the contractors and subcontractors licenses current and valid? YES 9 Are there any complaints lodged against the contractor? NO 10 Comments A: Building construction $101,000 B: Building construction $176,000 0032375.01 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorization to Award Construction Contract of the Oak View Library Expansion Project; CC-1047, and Reprogramming $58,000 in CDBG Funds to the Project COUNCIL MEETING DATE:_I July 20, 1998 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the CityAtfome) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attome ) Not Applicable Financial Impact Statement (Unbud et, 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 Not Applicable REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( } Assistant City Administrator (Initial) ( ) ( } City Administrator (initial) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH, CA 1g48 JUN 30 P i= 59 ' RECEIVLO RECEIVED CITY CLERK CITY CLERK CITY OF CITY Of 4 liUNTINGTON EACH. CA HUNTINGTO?l BEACH. CA MS ,SUN 30 P 2-- Of tg48 JUN 30 P 2: Op 1 • COPIES TO: TAMMY GENEIL OAK VIEW LIBRAR Y EXPANSION CC-1047 June 30,1998 2:00 PM BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Arteck 2. Comtech Construction $ 3. Pacific Building Interiors $ 4. PNIR Access $ 5. TC Management, Inc. $ 6. Team, Inc. $ 300 • 7. TLS Construction $ $ Is Page one of one 12l0SA2 I have received the following original bid bonds and copies of envelopes for the City of Huntington Beach Oak View Library Expansion -- Cash Contract No. 1047: Bond No. 0000719569 from Amwest Surety Insurance Company for TC Management, Inc. DBA Team Construction Management Bond No. P2652919-003 from Reliance National Indemnity Company for Arteck Engineering and Construction Dated: 7A, By. 11A.-Amwest Amwest Surety Insurance Company WOODLAND HILLS, CALIFORNIA Know all men by these presents: BOND NO.: 0000719569 PREMIUM. N/A BID DATE: 6/30/98 PUBLIC WORKS BID BOND That we, TIC MANAGEMENT, INC. DBA: TEAM CONSTRUCTION MANAGEMENT (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of , as Surety, are held and firmly bound unto (hereinafter called Obligee) in the penal sum of TEN CITY OF HUNTINGTON BEACH percent ( 10 9'0) of the bid amount, but in no event to exceed TEN PERCENT OF AMOUNT BID Dollars ($ 101 of amt bid ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for CITY OF HUNTINGTON BEACH OAK VIEW LIBRARY EXPANSION, 17251 OAK STREET, CASH CONTRACT ISO. 1047 NOW, THEREFORE, If the contract Is awarded to the Principal and the Principal has within such time as may be specified, entered Into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or If the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In the bid and such larger amount for which the Obligee may In good laith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 25TH DAY OF MINE 19 98 . TC MANAGEMENT, INC. DBA: TEAM CONSTRUCTION A4 UN-AXI7 (390) n STATE OF CALIFORNIA .. _ SS. COUNTY OF RIVERS TnF On J"k E 25, 1998 , before me, PERSONALLY APPEARED MATTHEW C. WELTY, ATTORNEY IN FACT personally known to me (or 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Signature OPTIONAL This wrafor Oflicial Notarial Scat Though the data below is not required by law, it may prove va'uable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ..❑ CORPORATE OFFICER MUM "0 PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY•INTACT ❑ TRUSTEE(S) . ❑ GUARDIANICONSERVATOR ❑ OTHER: - SIGNER IS REPRESENTING: Nwi Of IE psoWp] OR mrrmycs) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE tuns' Rev.F/94 ALL-PURPOSE ACKNOWLEDGEMENT and to bind the company thereby. This appointment is made under and by 1, the undersigned secretary of Amwest Surety Insurance Company, a Ne corporation forte and effect and has not ban revoked and furthermore, that the nns rthe &xrdi provisions of the Sy -Laws of the Company, are now in full force an Bona No. 0000719569 Signed & sealed W. 2 NH-' JUN 4t r s 0 r ar 0 • • # Is �d%.trMONS wmAmoh DATE 4-24-99 POIATP WMBER 0000719569 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company (the "Company") on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Califomis and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any parry concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (819) 246`S353 constitute and appoint: DLf,TT EW G WELTY CEORGE JAY BURCIIFIEL SCE BURCIIFIEL AS E,LIPLOYEES OF CEORCE JAY BCRCHF1EL Its true and lawful Attorney -in -face, with limited power and authority for and on behalf of the Company a sur to Irxecuw el, affix the seal of the company thereto ira seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Ai o the nature thereof as follow: O Bid Bonds tap to S• 01.000.000.00 Contract (Performance & Payment). Court. SubdlvWon S• 61,000,000-00 LJceaw & Permit Bonds up to S 4 a 00100,000.00 Wusceumwoos Bonds tap to $""•• 100,M0.00 I .e m BY R -fo h I Karen G. Cohen. Secretary DIRECTORS t# a* 0 at s • • s a • 0 This POA Is signed and sealed by faaimile under nd by,MauthoIflilowi>utions adopted by the Board of Airecttsrs of Amwest Surety Insurance Company at a meeting duly held on December 19T5: RESOLVED, that the President or any '1 e c Went, in !j�nj�N.Dcqlwmtl�Sec'ctary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the ins me . i cncin anent mac case, for and on behalf of the Company, to exavte and deliver and affx the seal ofthe Company to bonds, undertaking cn, ob1 iga, ns oral" kinds; and said officers may remove any such anomty-in fact of agent and revoke any POA previously gran con. RESOLVED FLMMER. that an nd, and R. gn' cc surctyship obligation shall be valid and bind upon the Company: (i) when signed by the President o any Vi i and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any a dent or Assistant S xretary, and countersigned and sealed (if a seat be required) by a duly authorized attorney -in -fact or ag o (iii) wfien duly executed and seal (if a requir one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney iss ompany to suc person or persons. RESOLVED FUR7?IER, that the si nature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification OxTrof authorizing die execution and deli cry of any bond, undertaking. recognizance, or other suretyship obligations of the Company; and such sig-mature and seal when so used shall have the same force and c5ect as though manually affixed. r perfo ho or other written obligations in �.aGch are now in full fora and effect TIFY that this Power of Attornry remains in full on this Power of Attorney, and that the relevant 14 ViTTNESS WHEREOF. Amwest Surety Irsurance Company has caused these presents to be signed by its proper ofricers, and its corporate seal to be hereunto alTmod this 14th day of December.199S, 05 1 John L Savage, Bait [Caren G. Cohen, Secretary Sfax of Cal ifomis County of Los Angeles On December 14.1995 before me. Peggy B. Lofton Notary Publ ic, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evid_ncc) to be the person(s) whose name(s) Ware subscribed to the within it vM=nt and acknowledged to me all that helshe/they executed the same in his/herhheir authorized capacity(ies), and that by his'hsrhheir signatures) n in en ere of o * e Y*v ron r of Which the oerson(s) acted. executed the ins7ument. aM"a. N%TfNESSE:; cial seal. . `�ON u • "•" Convnidarl ilt]beO . aSQ�U�yt1 Signature • {see) [A! Aft�w Coe:'dy J 111;f Lorton, Notary Pu W Con%m E, M - i Me 6.1094 co I— DEG14, C3 f Ir 1995 �0� � AA %1 RELIANCE NATIQNAL INDEMNITY COMPANY PHILADELPHIA, PENNSYLVANIA P2652919-003 BID BOND BOND No. APPROVED BY THE AMERICAN INST•TUTE OF ARCHITECTS A.IA DOCUMENT NO. A-310 (FEEL 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we ARTECK as Principal, hereinafter called the Principal, and the RELIANCE NATIONAL INDEMNITY COMPANY, a Wisconsin corporation, 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 TWELVE THOUSAND AND NO 100-- Dollars($ 12,000.00 } for the payment of which sum well and truly to be made, 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 OAK VIEW LIBRARY EXPANSION 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 (winess) 30TH day of JUKE AD.19 98 ARTECK zG ClVto, (Pnnapaq {Seal rritle) RELIANCE NATIONAL INDEMNITY COMPANY rz I RWSPO , , AT RNEY IN FACT BOP-2305 4194 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On .TUNE 30, 1998 DATE personally appeared before me. SHARON RITTER NOTA NAME. TITLE OF OFFICER -E.G.,-JANE DOE. NOTARY PUBLIC - RANDY SPOIIN NAME (S) OF SIGNERIS) ❑ personally known to me - OR - ® 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 ac- knowledged to me that he/shelthey executed the same In his/her/their authorized „- �w..-•-"' }{ ,� -I-4:i ` capacity(ies), and that by his/her/their Z #t 1vt!'�'; ?% signature(s) on the instrument the person(s), V, or the entity upon behalf of which the ■ �,:*�y� `,��.,�r F..�^=�'�'�„ persons) acted, executed the -instrument- WITI4ES hand and I. SIGNAT)JRE NOTARY OPTIONAL Though the data below Is not required by taw. It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nium ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYpES) DESCRIPTION OF ATTACHED DOCUMENT BID BOND ONE TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES .TUNE 30, 1998 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 5 9590 (4/94) RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY 02317 RELIANCE NATIONAL INDEMNITY COMPANY VALID ONLY IF NUMBER IS IN RED ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Randy Spohn of Anaheim, California their true and lawful Attorney(s)-i n- Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed: Contract Bonds - Maximum Penalty All Other Bonds - Maximum Penalty $1,000,000.00 $25,000.00 "ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING ITS EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY." and to bind the Companies thereby as full and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys) -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-i n- Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of the bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consents dated as of February 28, 1994, by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10, 1994 and by the Executive and Finance Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this 15th day of January, 1998. sURE T,. eURAIy G,NSUR.,N NPI. INOP t POgN�°°� 3 °�+ o�`QPP OR9j°o ��OQ'POg9l�a uY o �SEALm ' �SEALm a 4?959 a 0 F99e Jf ' �920 ' �`PC(3 a OEIAWAP2 hO wMrt`T .'rNSnVPMP %b a STATE OF Pennsylvania } COUNTY OF Philadelphia } ss. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY 4) a,� -7c�,�� On this, the 15th day of January,1998, before me, Valencia Wortham, appeared David T. Akers, who acknowledged himself to be the Senior Vice President of Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company, and that as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I have hereunto set my hand and official seal. NOTARIAL SEAL VALENCIA WORTHAM, Notary Public City of Philadelphia, Phila. County My Commission Expires Nov. 18, 2000 Notary Public in and for State of Pennsylvania Residing at Philadelphia I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Companies, which is still in full force and effect. 30TH IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _ day of JUNE 98 19 {/ Secretary P2652919-003 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. CITY OF HUNTINGTON BEACH MEETING DATE: May 18,1998 DEPARTMENT ID NUMBER: PW98-050 Council/Agency Meeting Held: 'l-Eak -- - Deferred/Continued to: I Approved Q Conditionally Approved ❑ Denied wFVry City ierk's Signature Council Meeting Date: May 18, 1998 Department ID Number: PW98-050 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION z SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL. SUBMITTED BY: RAY SILVER, City Administrator9240 !` _n `—'�''' PREPARED BY: YL D. SMITH, Acting Director Public Works �or-t of x r, DAVID C. BIGGS, Director of Economic Development a- a SUBJECT: Approve Plans, Specifications and Authorize to solicit Bids for the Oak View Library Expansion Project; CC 1047 Statement of Issue, Funding Source, Recommended Action, Altemat ve Actlon(s), Analysis, Environmental Status. Statement of issue: Plans and specifications for the Oak View Library Expansion Project, CC 1047, are complete and are ready for Council approval and project bidding. Funding Source: Sufficient Community Development Block Grant (CDBG) funds are available in account number E-HR-ED-047-3-90-00. The estimated cost for this project is $70,000. Recommended Action: Motion to: 1. Approve plans, specifications and authorize the Acting Director of Public Works to solicit bids for construction of the Oak View Library Expansion Project,CC 1047; and 2. Approve the attached sample contract subject to award of contract to the lowest responsible/responsive bidder. Alternative Actions : Deny authorization to proceed with the contract bid and forgo the the CDBG Grant. Analysis: This project involves the installation of a City purchased 1,920 square foot modular building along with the construction of a foyer that will connect the existing building 0031542.01 -2- r� 0510419810:16 AM REQUEST FOR COUNCIL ACTION MEETING DATE: May 18,1998 DEPARTMENT ID NUMBER: PW98-050 to the new building bringing the total square footage of the Oak View Library to approximately 4,240 square feet. There are additive bids items such as a parking lot addition, trash enclosure and a landscaped pergola for the entrance if the bids come in within the available project budget. In 1994, construction of Phase I of the Oak View Library Project was completed and on November 3, 1997, Council authorized Westberg & White to prepare the project plans and specifications under a professional services contract for the expansion of the Oak View Library. Environmental Status: The project is Categorically Exempt pursuant to the California Environmental Quality Act, Setion 15301 (c). Attachmentfsi: RCA Author. Chadonne 0031542.01 -3- 05/07/98 9:19 AM ATTACHMENT 1 0019517.01 PAV PROJECT I nrATInm KEY MAP lea. CC--1047 OAK VIEW LIBRARY EXPANSION CITY OF HUNTINGTON BEACH 10/03/97 DEPARTVENT OF PUBLIC WORKS G:\ACAD\CC1047\1047LM.M. ATTACHMENT 2 0019517.01 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE OAKVIEW LIBRARY EX13ANSION PROJECT CC 1047 THIS AGREEMENT is made and entered into on this day of 1998, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., ,a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as Oakview Library Expansion Project, in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract 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 contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as SAMPLE 4/s:PCD:Agme:0aWcw RLS 96-266 s/519s amended, 12 U.S.C. 1701 u (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- income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perforni said work; NOW, THEREFORE, in consideration of th.- promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE. OF RISK. The parties to this contract agree to comply %vith HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract 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, 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. 2 SAMPLE 41s: PCD:Agrce:0ak-v iew RLS 98-266 315198 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 contract 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 %%ith HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract 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 contract. 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 and subcontracts shall be given to Indian organizations and Indian-ov-med Economic Enterprises. 3 SAMPLE 41sTCD:Agrrc:0akvicw PIS 98-266 515198 Parties to this contract 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 %%ith Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, 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 assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, 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 connected 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 under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. 4 SAMPLE 41s:PCD:Agrcc:0akvicw RLS 98-266 5/5/98 CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), 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 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 Us 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 said 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 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, 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; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); 5 SAMPLE 4/s:PCD:Agrcc:0al:v icw• RLS 98-266 515/98 E. 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 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"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said 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 for by the terms and conditions of this Agreement. 6 SAMPLE 4!s: PCU: A grcc:0ak, v icw RLS 98-266 S/5198 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within (_) calendar days from the execution of this Agreement by CITY, excluding delays provided for herein. 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 conditions 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 on CONTRACTOR on the premises. 7 SAMPLE 41s:PCD:Agrcc:0akv 1cw RLs 98-266 515M 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in %witing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract 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 the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of delay in commencement of the work due to unavailability of 8 SAMPLE 41s: PCD:Agree:Oakvicw RL5 98-266 515P98 the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS. CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (1001/o) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES. The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 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 (I0) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES. All laborers and mechanics employed or working upon the site of the wort: (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 9 SAMPLE 41s:PCD:ASrcc:0akvicw R1S 98-266 51,5199 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 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 10 SAMPLE 41s: PCD:ASree:0ak-Yicw RLS 98-266 5/5198 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 contract 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 l lour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD 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.) 11 SAMPLE 41s:PCD:Agree:0alcview RLS 98-266 5/51,98 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 contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the 12 SAMPLE 41sTCD:Agree:0alcv1ew RI S 98-266 srs/98 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 prograrn (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. 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. 12. 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 &Is contract or any other Federal contract Nvith 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 13 SAMPLE 4/s:PCD:Agree:0akv icw RLS 98-266 55199 wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, 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. 13. 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 v6ith 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 14 SAMPLE 4/s:PCD:Agrce:0akv icw RL5 98-266 S/5/98 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. 14. PAYNIF,NT 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. 15. APPREm ICES 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 %vith 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 %Nage 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 Iess than 15 SAMPLE 4/s:PCD:Agree:0akvicw RLS 98-266 5/5198 the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the 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 16 SAMPLE 41s:TCD:Agmc:0akv iew RLS 48-266 515r48 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 v.age determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the 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. 16. 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 17 SAMPLE 41s:PCD:Agmc:0akY IC W RLS 98-266 5/5/98 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-I3acon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORs employing apprentices or trainees under approved programs shall maintain written evidence of the registration of 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 contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, 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 1ND or its designee. The 18 SAMPLE 410MAgrec Oakview RLS 98-266 515/98 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 VM-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 contract and shall certify the following: 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 contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 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 contract. 19 SAMPLE 4/s: PCD:Agr=0akvicw RLS 98-266 5/5198 The weekly submission of a properl3, 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 paragraph A.3(i) of 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, 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. 17. 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 20 SAMPLE 4/s: PCD:Agrce:Oakv iew RIS 98-266 5/5198 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. 18. LIOUIDATED DAMAGESMELAYS. 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 working/calendar days as set forth herein, damage %vill 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 in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said 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 v}i11 be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not 21 SAMPLE 41s: PCD:Agrcc:0akvicw RLS 98-266 515198 restricted 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 the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the 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 waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise 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 nxnber of days the 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 (IS) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 22 SAMPLE 4/s:PCD:Agree:0ak cw RCS 98-266 5/5.199 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph 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 subparagraphs (1) through (4. ) of this paragraph. 20. INDEPENDENT CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, 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. 21. DIFFERING SITE CONDITIONS. (1) Notice: The CONTRACTOF: shall promptly, and before such conditions are disturbed, notify the DPW in writing of. (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) 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. The DPW shall 23 SAMPLE 41s: PCD:Agme:0akv icw RLS 98.266 515198 promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES. The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract 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. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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, the DPW shall 24 SAMPLE 4A MAgree:0afiview RLS 98-266 5/5198 ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS. Each month the 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, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in thejudgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month tip to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPI', less all previous payments and less all previous retained amounts. The final payment, 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 the 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 contract price shall not be considered as an acceptance of any part of the work. 25 SAMPLE 410MAgrecOA-view RLS 98-266 515:'98 24. WITFIHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the 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. 25. AFFIDAVITS OF SATISFACTION` OF CLAIMS. After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection «zth Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. WAIVF,R 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. 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or 26 SAMPLE 4/s:PCD:Agrcc:0akv icw RIS 48-266 5/5N8 indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 28. WORKERS' COMPENSATION INSURANCE. Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said 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 insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation 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 insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE. In addition to the workers compensation 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 the PROJECT. 27 SAMPLE 410MAgrecOakview RLS 98-266 515199 Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection -.3ith 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 $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 $1,000,000. Said policy shall name CITY, its officers, and employees 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 CONTRACTOWs 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. 30. 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; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 28 SAMPLE 41s:PCD:Agrce:0akv icw RLs 98-266 5/5198 3. shall promise to provide that such policies will not be canceled or modified without tl,.irty (30) days prior. writter. notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other, form of similar t}pe limitation." 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 said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION. If CONTRACTOR fails or refused to prosecute the work hereunder %nth diligence, or fails to complete the work within the time specified, or is adjudged a 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 notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of 29 SAMPLE 41sTCD:Agree:0akvicw RLS 98-266 515/98 Intention has been served on CONTRACTOR, CITY may, without prejudice 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. 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 33. NON -ASSIGNABILITY. 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. 34. CITY F.MPLOYF.ES 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 California Government Code sections 1090 et seq. 30 SAMPLE 4/s: PCD:Agrcc:0akv1cw RLS 99.266 s/s/9a 35. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS. CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s 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, 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 oNved by CITY to CONTRACTOR under this Agreement. 36. NOTICES. All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in Nwiting by such Ply 37. CAPTIONS. Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. 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 contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to 31 SAMPLE Als: PCD:ASme:0akview RLS 98-266 515I98 such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work N;ill apply, and CONTRACTOR agrees to comply therewith. 39. DAVIS-BACON ACT. CONTRACTOR agrees to pay and rL-quire 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. 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. 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 AitHn 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. 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon 32 SAMPLE 4/s:PCU:Agrcc:0akv icw RLS 98-266 S/S/98 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 contract shall be subcontracted to any person or firm ineligible for aAN-ard of a Government contract 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. 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." 42. 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 finis when possible. 43. FQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply tNith all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. 33 SAMPLE 4/sTCD:Agrcc:0akvicw RLS 98-266 5/5198 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. 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 I974 (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 prier 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. 44. 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 34 SAMPLE 4/sTMAgree:04-view RLS 98.266 5/5/98 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. 45. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply m ith 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 . 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. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 35 SAMPLE 4/s:PCD:Agrce:0akv icw RiS 98-266 515198 46. 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 t2he 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, 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. 47. 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 36 SAMPLE 4/s: PCD:Agrce:oakv icw RLS 98-266 3/5/98 issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seg.). 48. 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. 49. SUBCONTRACTS. The CONTRACTOR or subcontractor %,.rill 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 lover tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION; DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor And a subcontractor as provided in 29 CFR 5.12. 51. 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 37 SAMPLE 41s: PC1): Agrcc:oak- view RLS 98-266 5/5/98 r about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME -REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in «hich 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. 53. VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in subparagraph (1) 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 (1) 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 4/s: PCD:Agrce:Oakv iew RLS 98-266 515/99 38 SAMPLE hours or in excess of the standard workweek of fort), hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 54. 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 CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 55. ATTORNEY FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 39 SAMPLE 41s: PCD:Agrce:Oalcriew RLS 98-266 515198 56. ENTIRETY. The foregoing represents the entire Agreement between the parties. IN WITNESS NN IEREOF, 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: By: print name ITS: (circle one) Chairman/President/Vice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: By: City Clcrk print name APPROVED AS TO FORM: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer P4"" City Attorney y REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works 40 SAMPLE 4/sTCD:Agree:0a1-view RLS 98-266 5/5198 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Plans, Specifications and Authorize to solicit Bids for the Oak View Ubraa Expansion Project; CC 1047 COUNCIL MEETING DATE: I May 18, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the a Attome) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attome) 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 Not Applicable REVIEWED RETURNED FORW QED Administrative Staff ( ) ( ) Assistant Ci Administrator (Initial) ( } ( ) City Administrator (Initial) City Clerk ( } EXPLANATION FOR RETURN OF ITEM: RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Plans, Specifications and Authorize to solicit Bids for the Oak View Library Expansion Project; CC 1047 COUNCIL MEETING DATE: I May 18, 1998 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 Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the CityAttome) 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 I Not Applicable EXPLANATION FOR MISSING ATTACHMENTS Not Applicable REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( } City Administrator (Initial) ( ) { ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: 0 SECTION cC PROPOSAL j for the Oak View Library Expansion 17251 Oak Street CASH CONTRACT No 1047 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 45 worlung 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 PROJECT BID SCHEDULE Z# us,-ao o " I Item No Estimated Quantity Item with unit price written in words Unit Pace Extended Amount 1 1 Lump Sum Base Bid(Allitems excluding Add�ive Alternates A through D) @ (�� rJ �� Dollars $ �_ $ jd Cents Per Lump Sum 2 1 Additive Alternate A (Computer Lab) Lump Sum @ Tht (i V -f 6aja ytd Dollars $ 3®� d®o $ 3 V o �- Cents Per Lump Sum 3 1 Additive Alternate B (Parking Lot Addition) Lump Sum g @ T� Dt�CShc�i.d Dollars $ 31, 0 ® $ /�® Cents Per Lump Sum 4 1 Additive Alternate C (Entrance Trellis) Lump Sum @ Dollars $ �l , B,p B $ �I� Cents Per Lump Sum 5 1 Additive Alternate D (Accordian Door) Lump Sum @ %ou $&J Age Dollars fj lie r $ BO $ Cents Per Lump Sum The Low a _W be based on Bid Item No The City may elect to add any Additive Alternate tolhe Base Bid subject to available funds A r C is If awarded the Contract, the undersigned agrees that in the event of 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 91, Son C1 in the amount of $ 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 1 C-2 , c Y Y i 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 . 1 � Portion of Work Name and Address ofSubcontractor State License Number class OL&TAm CAWOW ft� u3G0A-1J)�'N a-1 o Y 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 x .y 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID r r e r e State of California ti 0 ss r ' / f l County of Orange T AaGRA19:r being first duly sworn, deposes and says that he or she is • r'' . Genial l of 4 0- To C.O.- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed •a 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-m 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 J 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 Name of Bidder �rj C zL" Signature of Bidder DRIVA 0i5wow vlJ•g2G,q1 Address of Bidder Subscribed and sworn to before me this ?&P day of U G— , 199 t�A. MESBAH � Comm 01056732 y "m NOTARY PUBLIC CALIFOHN1.0 I ORANGE COUNTY Comm Eup May 17. 199° .c NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT J HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen , - 4 The undersigned hereby promises and agrees that in the performance of the work specified in the _contract, known as the Oak View Library Expansion, (l)(we)(it) will employ and utilize only qualified persons, as 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 fiuther 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 4 Date )94 TA clit.- Contractor ae" 11_� Q9,111nix, Title C-5 DISQUALIFICATION QUESTIONNAIRE , In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following 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 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 • e 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: (D 3 ° q Ae7"g(20- Contractor Kffl-�Rmffilv. C-7 UNDERGROUND SERVICE ALERT , IDENTIFICATION NUMBER CFO be completed only by the awarded Contractor prior to excavation) I 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 mm»mum of two working days before scheduled excavation Dig Alert Identification Number A27t5 qt- Contractor Title Date 13olA 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 jko-,� , ' AR-r's- cy-- Bidder Name ZG76Z "CAA04 9- DieIyr Business Address M 5'�10N Q2 6,1 City, State Zip r i eiepnone iv Um our 610g7 A - State Contractor's License No and Class 3 m Original Date Issu d 7/31/ ZOO 0 Expiration Date The work site was inspected by F-A, L of our office on The following are persons, firms, and corporations having a principal interest in this proposal i C-9 The undersigned is prepared to satisfy the Council of the City of Huntington 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 2 TF414- Company Name Signature of Bidder t;5R)- c 4A1;/ I o Printed or Typed Signature e Subscribed and sworn to before me thisp day of ��� , 199� NOTARY PUBLIC E Comm 01056732 "'' NOTARY PUBLIC - CALIFORN110 ORANGE COUNTY a Comm Exp May 17, 1990 , ft1 NOTARY SEAL A 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 Ci TY of SAS DASCO Name ind Address of Public Agency Name and Telephone No of Project Manager 17GyQ o ��w Cey�O2-r' st�f�e•� 1797 Contract Amount Type of Work Date Completed 2 city or SAQ '7060. Can/sTlah o Name afid Address of Public Agency Name and Telephone No of Project Manager jai oda - 1Je1 146c6c 4- f, CJT I q Contract Amount Type of Work Date Completed 3 J)-C?Qd a AMPk) [3t oys C4zNA4do Name and Address df Public(Adkncv Name and Telephone No of Project Manager Lt 3 G 114 V as Z G CA y'r a Contract Amount :;1,r"of of Work Date Completed C-10 j Stieet1 ARTECK ENGINEERING AND CONSTRUCTION 26762 CARRANZA DRIVE MISSION VIEJO CALIFORNIA 92691 TEL: 949-583 9600 FECEIVEM cil Y Ll Ep':t CITY O PrFACII. CA PROPOSAL FOR: CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 PROJECT: OAK VIEW LIBRARY EXPANSION PROJECT NO. 1047 BID DATE: JUNE 30 1998 TIME: 2:OOPM a 1