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CORA CONSTRUCTORS, INC. - 2003-10-20 (2)
/,')/) 6a). dD CORA CONSTRUCTORS INC. 74 88S JONI DRIVE, SUITE 4 PALMDESERT, CA 92262 760-674-3201 FAX 760-674-3202 As of February 201' our new address will be Cora Constructors Inc. 42240 Green Way, Suite A Palm Desert, CA 92211-51830 Our fax and phone numbers will remain the same. r PROOF OF PUBLICATION STATE OF CALIFORNIA) SKMA enforced. Any contract NM entered into pursuant to ) SS. COUNTY O F ORANGE MVRI1GS�lE Mf r PlUSUTE this notice will incor- poste the provisions of the Federal Labor thl� RMuSHC60. Standards, which are on file at the office of the 12MR110MOF Director of Public Works, am a Citizen of the United HUNIIN6TONAEA�N 2000 Main Street, •Hun. States and a resident of the County aforesaid I am PUBLIC NOTICE IS HEREBY GIVEN that the tington Beach, CA 92648 The AGENCY will de - duct a 10% retention over the age of eighteen years, and not a CITY OF HUNTINGTON BEACH, as AGENCY, for from all progress pay - ments. The Contractor party to or interested in the below entitled invites sealed bids the above stated may substitute an es - crow holder surety of to the matter. I am a principal clerk of the projects and will�eceive such bids in the office the City Clerk, second equal -value retention in accordance with the provisions of HUNTINGTON BEACH INDEPENDENT Floor, 2000 Main�reet,, Huntington Beach, Cali- the California Govern - ment Code, Section a newspaper of general circulation fornia 92648, up to the hour of 2:00 PM on 4590. The Contractor shall be beneficial owner printed and published P 'in the City September 30, 2003 (Old Opening has been of the surety and shall receive any interest of Huntington Beach 7 V,ounty )f Orange, extended from Spp- t.mber 9, 2003) Bids will be publicly opened thereon. The AGENCY hereby affirmatively ensures State of Californi;d, and that attached in the Council Chambers unless otherwise posted. that minority business enterprises will be Notice is a tr' ue and complete CLl v as Copies of the Plans, Specifications, and documents are afforded full opportunity to submit bids in re- i sponse to this notice w? print �d and 1 �, published m contract available from the Office the Director of Public and will not be dis- against on LI'e of criminated Huntington Beach issue of saia Works, 200 Main ington Street, Huntington the basis of race, color, national origin, ancestry, newspaper to wit the Issue(s) of: Beach, CA 92648, upon payment of a $25.001 it sex, or religion in any consideration leading to nonrefundable fee picked up, or payment the award of contract. No bid shall be con - of a $35.00 nonrefund- sidered unless it is able fee if mailed via prepared on the ap- U.S. Postal Service, proved Proposal forms FedEx, UPS or any other in conformance with the September 18, 2003 delivery service. ' This is a Davis -Bacon Instructions to Bidders. The bid must be ac- project and the Federal companied by a certified September 25, 2003 Regulations will be 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 declare, under penalty of perjury, that provisions of the Busi- Cod and Prl possess Code and shall possess. the foregoing is true and correct. a State Contractor's License Class at the time of the bid opening. The successful Con- tractor and his sub- Executed on contractors will be September 25 2003 required to possess , at Costa Mesa, California. business licenses from thTheG GAGENCY reserves the right to reject any �7 /� or all bids, to waive any irregularity and to take all bids under advise- ✓ Signature ment for a maximum period of 60 days. BY ORDER of the CITY BY of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 3rd day of March 2003. Attest: Connie Brack- waayy CITY CLERK OF THEE CITY OF HUN- TINGTON BEACH Published Huntington Beach Independent September 18, 25, .2003 093-678 City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Sudi Shoja, Construction Managerpv" DATE: April 8, 2004 SUBJECT: Retention Release Payment Company Name: Cora Constructors Address: 74885 Joni Drive, Suite 4 City, State and Zip Code: Palm Desert, CA 92260 Phone Number: (760) 674-3201 Business License Number: A 244448 Local Address: N/A Notice of Completion Date:Pending Contract Purpose: Retention Release for Cash Contract 1216, Oakview Skate Park Plaza Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that Jno stop notices are on file on the ct at this time. g�3169i Date ; Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on file. y - 25-0 y Date rich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. o'V Da e Brool&ay, City Clerk 1216 retention release memo.doc 4/8/2004 1:41 PM PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder illlllllllll11IN1lli.111111IN! III!IIIIIIIII1IIIIIIIIIIIIIIIIIIIIINO FEE 2004000169466 01:43pm 03/03/04 214 110 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Cora Constructors, who was the company thereon for doing the following work to -wit: OAKVIEW PARK SKATE PLAZA, CASH CONTRACT NO. 1216 I That said work was completed January 29, 2004 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on January 29, 2004, per City Council Resolution No. 2003-70 adopted October I / 6, 2003. ONY That upon said contract First National Surety 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 February 25, 2004. J, 'JI Director of Public Wor s or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Coupy Recorder of Orange County. / Dated at Huntington Beach, California, this February 25, 2004. ' /D / J 4/VZ Director of Public Works or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Ah& n TITI C MA/_C /07/0S1 M CITY OF HUNTINGTiON BEACH 2000 Main Street Robert F. Beardsley, P.E. Director February 25, 2004 Orange County Clerk -Recorder Mrs. Cyndl Viall 12 Civic Center Plaza Room 101 Santa Ana, CA 92701 P.0.Box 190 California 9 264 8 w r- Department of Public Works (714) 536-5431 Subject Notice of Completion for the Oakview Park Skate Plaza, Cash Contract No. 1216 This is our formal request to record the enclosed original Notice of Completion for the subject project. For now, please forward me a conformed copy followed with the original recorded copy to my attention to, City of Huntington Beach, Department of Public Works, 2000 Main Street, P. O. Box 190, Huntington Beach, CA 92648. Enclosed Is a copy of the Notice of Completion for your use and a copy to return. If you have any questions, you can contact me, at'(714) 536- 5423. A. Martinez action Division Enclosed: One original Notice of Completion One copy Notice of Completion GIFemplatel Cover Letter for NOC DECLARATION OF SATISFACTION OF CLAIMS I, state: 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: r 1'4v kL -?' J 74 ?1-- and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state'NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at 6%1 1')--e+ on this Ze4tl day of reG ,2y 20�1 (Location) COPY g:fo11owupkashconhcashcon2.doc procedure #15 Signature o ontractor) A PPRO VED AS TO FORM 15,P FRR McGRATH, CayAttomey e s,� lzl�(° 3 qmty City Attorney City of Huntington Beach' Department of Public Works 2000 Main StreetlP.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Title hereby certifies that all laborers, mechanics. apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the, contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanip, apprentice or trainee conformed to the classifications set forth in the contract or -training program provisions applicable to the wage rate paid. (Signature and 771' f j 9:f0IIowuplcashcontkashconl.doc procedure #14 APPROVED AS TO FORM ZVJEFnER McGXkTFL GtyA ► C�� �W I2'/Y/ o'� COPY . *RECEIVEb BY:) CITY CLERK RECEIPT COPY Return DUPLICATE to (ext. 6260) . • (Name) after signing/dating (Dare) - Elim, CITY OF HUNTING TON BEACH U � INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATT�N: Jim Slobojan, Deputy City Treasurer / FROM: i 04J A%/ d C6�fA4177' DATE://—/!2 -- 02 -SUBJECT: Bond Acceptance I have received the bonds for S;.0 G%�/L.S : (Company Name) Faithful Performance Bond No.��}!- Labor and Material Bond No. egi:�k —7 911b Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved 0 Agenda Item No. (Coon(I Approval Date) City Clerk Vault No. fa X[J if=/$�3� gljah/bondtettendoc S A F E C a FIRST NATIONAL SURETY MAINTENANCE BOND KNOW ALL BY THESE PRESENTS, That we, r-.] EXECUTED IN DUPLICATE SAFECO Insurance Company PO Box 34526 //) Seattle, WA 98124-1526 / O^�/ !/ / 1 / / rO - .010 k- - — /cA / f0 PREMIUM INCLUDED IN PERFORMANCE BOND Bond NUMBER 6227432 CORA CONSTRUCTORS as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA u a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of CALIFORNIA CITY OF HUNTINGTON BEACH as Surety, are held and firmly bound unto as Obligee, in the penal sum of SEVEN THOUSAND TWO HUNDRED EIGHTY AND N01100 ($7 , 280.00 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the OAKVIEW SKATE PARK PLAZA CASH CONTRACT 1216 for WHEREAS, said Contract has been completed, and was approved on the 7 th day of February , 2004 dated OCTOBER 20, 2003 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of ONE year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed and sealed this 11th day of r•. ROV E:D AF. TO FORM V icG JE` RATH, CityAAamW arah ntorney DECEMBER CORA CONSTRUCTORS 0 2003 FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Seal) (Seal) (Seal) By A A- SUSAN C. MONTEON Attorney -in -Fact S-0843/FNEF 10/99 ® A registered trademark of SAFECO Corporation FRP 40 M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE ss. On u.Id_> , before me, R. STANDLEY Date Name and Title of Officer (e.g., "Jane Doe. Notary Public) personally appeared SUSAN C. MONTEON Name(s) of Signer(s) R. STANDLEY 71 COMM. #1263272 9 NOTARY RUSLIC, - CAL.IFORNIA RIVERSIDE Co11NTY My Comm. Cxpires Juno 7, 2004 2, personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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. WIT SS y hand and c I seal. Place Notary Seal Above Signature of Notary Publl OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 be Soto Ave.. PO. Box 2402 - Chatsworth. CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA l P 33 BROOKLYN AVE NE OF ATTORNEY %.rmo,6EATTLE. WASHINGTON 98105 4333 Drooklyn Avenue N.E. Seattle, %VA 98105 No. 9906 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation,, does hereby appoint •«.«««.....««««..«.««.«.«....««.««..«««...«N «...««««.««S h G NIONrILON; Riverside,Californil•«.«*.«.....**««a««« 000000«00004*0 «si««..a««..«..«u Its true and lawful attomey(s}ln-fact, vAlh full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the Company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such Instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 9th R.A. PIERSON, SECRETARY CERTIFICATE day of Apra . •, 1999 k� 4114�&49 W. RANDALL STODDARD, PRESIDENT Extract from the lay -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shalt each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the oompany In the course of its business... On any Instrument making or evidencing such appoinlrnenk the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seat shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions cf Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said povrer-of-attomey appointment is In full force and effect, the signature of the ciertifying officer may be by facsimile, and the seal of the Ccmpany may be a facsimile thereof." 1, R.A Pierson, Secretary of FIRST NATIONAL INSURANCE, COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -taws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that bo!,h the By -Laws, t m Resolution and the Power of Attomey are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL 1 y, I926� ,'s!°�rr,�s to s . S-f 049IFNEF MS this ILy \ day of -Dt"'Yvj� , C-W3 R A. PIERSON, SECRETARY 4/9199 POF 5 December 17, 2003 Serial 04 Mr. David Verone City of Huntington Beach 2000 Main Street P.O. Box 711 Huntington Beach, CA 92648 Re: Oakview Park Skate Plaza Subject: Maintenance Bond Dear Mr. Verone: [ara sanstructors uc. #766304 Further to your request, enclosed please find a one-year maintenance bond for the above referenced project, executed in duplicate. If you have any questions contact this office at (760) 674-3201. Sincerely, CORA CONSTRUCTORS f w- Pat Casady Project Manager PClkpl 74885 JONI DRIVE, SUITE 4 PALM VESERT, CA 92260 PH. (760) 674-3201 • FAX (760) 674-3202 Company Profile Page 1 of 2 Company Profile 4A Cal"imla Department of Insurance FIRST NATIONAL INSURANCE COMPANY OF AMERICA REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA SEATTLE, WA 98185 800-332-3226 Agent for Service of Process DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 24724 0163 0978-7 January 03, 1929 UNLIMITED -NORMAL Property & Casualty WASH INGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MISCELLANEOUS a Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' t~OINTENSATION Company Enforcement•t Documents v q� .tt.. &rt .t .. .t ! COM]20Q=Igint StudieS Want More? FinanciaLRatin„g Qrganizations Last Revised - December 19, 2003 11:05 Alva Copyright ® California Department of Insurance Disclaimer CITY OF HUNTINGTON BEACH 2000 Main Street Robert F. Beardsley, P.E. Director P.O.Box 190 California 92848 Department of Public Works (714) 536-5431 Mr. Dennis E. Stockton October 21, 2003 Cora Constructors 74885 Joni Drive, Suite 5 Palm Desert, CA 92260 Subject: Contract Signatures - Oakview Park Skate Plaza — Cash Contract 1216 Dear Mr. Stockton, The contract for the subject project was awarded at the October 20, 2003 city council meeting. I am sending you a copy of the approved contract documents. In conjunction with the execution of tfie contract, please famish the following required documents: 1. Certificate of Insurance (Note: the certificate must Include an endorsement naming the City, - Its Agents, Officers & Employees as additionally Insured and the cancellation clause must be modified to remove any verbiage that states the following: 'Endeavor to and or but failure to mail such notice shall impose no obligation or liability of any kind upon the company. Its agents or representatives.) 2. Certificate of Fact (Your Insurance carrier should have this but if they do not it can be attained from the County of Orange. A copy of this document Is all we require. ) 3. Performance Bond (100%) 4. LaborlMaterial Bond (100%) _J 5. City of Huntington Beach business license for your company and any of your subcontractors. Please return the signed contract along with the above listed dr you have any questions or concerns regarding the contract or oth telephone me at (714) 375-8471. Very truly yours, vie David M. Verone Project manager Enclosures cc: Doug Erdman, Associate Civil Engineer CC 1216 `City Corresp.' GAVOHSTRl MON CONTi1AM (CCi)1C C12161CORRr-%MC:()NT ,.kCT CERT i£T U Cora Constructors 74-885 Joni Drive, Unit 4 Palm Desert, CA 92260 BILL TO City of Huntington Beach P. O. Box 711 Huntington Beach, CA 92648 Oak -view Skate Park Invoice DATE INVOICE # 2/24/2004 400 ITEM DESCRIPTION AMOUNT retainage 2 100/6 retention due on Oakview Skate Park 7,956.95 Total $7,956.95 Phone # Fax # 760-674-3201 760-674-3202 City of Huntington Beach >� Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 PROGRESS PAYMENT Cora Constructors 74885 Joni Drive, Suite 4 Palm Desert, CA 92260 (760)674-3201 Data: February 2, 2004 Progress Payment No.: 2 FINAL Estimate Period: February 2004 Job Location: OAKVIEW SKATE PLAZA Cash Contract No: 1216 Inspector: JEFF GIBBONS oltit atx Quantity fir Quantity or unit Amount Taw Quantity Total AMMUnt Na. 4escti ot1 Quorift unit 9� Prtyioy$ % this Irsttma Price this 1atlbsift 4k 7� >l01�ato t�R � 1 Mobilization _ - - _ --- -- - - 1 _ L S -- - 050 50 $19,951 00 $9,975 50 1 00 00 - 2 _ --- Cleanng & Grubbing -- _ _ - -- - 1 _ --1 - - L S - -- -0 100 -- ---- - _ $4.800.00 _ - - 00 -$19,951 $4,800 00 _ 3 -- e� Led -- - - -- _ _ _ -- Steel EdgurglRads -- -00 73---- - L F 1LF _ -- _ - 3650 _ - - 36 50 10000 _ - $295 00 767 50 _ $10, $46 00 $4,600 00 - - - _1 - - 73 00 10000 - _ -- _ - 00 $21,535 $_4,600 00 4 - 5 - - --- Concrete Steps _-- - - - - 70 L F - - - - - - 70 00 _ $105.00, $7,350.00 -_-_- -- 70 00 - -- - - $7,350 00_ 6 -- - _ --- - - -- - ni Walls - _- _ 16_ L F - - - -- -- 1600 - - $1 00 - - $16 00 1600 - $16 00 _ 7 __ - - -- -- - -- -- 4" Paving _ _- -- _- _ - -- 646 _ _ s_F -- - --- - - 00 _ $11 15 $18,397 50 - 165000 _ _-- $18,397 50 _ - 35 _ L F _ - _ - _1650 3500 _ - _-$72 00 $2,520 00 _ _ 3500 _- $2,520 00 1 L S _ - - 100 _ _ $400 00 00 - - 100 -- _ _ $400 00 10 - - --- - - - - - -- -- - --- --- -- -- - - - - -- - - - -$400 ---- - - - - - --------- ---- ----- --- --- - -- --- - - - -- - - - -- --- - -- - - --- -- --- -- - -- - --- --- - --- - - --- - ---- -- 12 13 ---- - ----- ----------- - - - --- ------ - - - -- - ----- -- - -- -- 16 17 - --- -- - -- - - --- - -- --- - -- - - - - - -- -- --- - - - --- - -- --- -- - ---- - --- -- -- - - - - - ---- ----------- -- - - -- - - ---- ---- ---- --- -- - - - 18 - - -- 19 -- - - - -- - - -------- -- --- 21 ----- --- --- -- - - - - - -- - - - - - -- - -- -- -- -- - - -- -- -- - - ------- - - -- ---- ---- - - --- _ _- - - - -- -- -- - -- - --- -------- ---- - - --- ------ - - -- - - -- - 22 - - - --- - - -- 23 - _- -- -- -- - ---- -- 24 --- - ----- Sub -Total $54,026 50 $79,569 50 APPROVAL FOR PROGRESS PAYMENT PROV FOR QUANTITIES - - Less Retention : $5,402 65 $7,956 95 CC No 1216 Payment Np 2 FINAL By - S a Less Previous Paid: $22,988 70 nspect r Date Total Amount Due: $48,623 85 $48,623 85 c/ Appel er By n� L� 1\slt�► l5ficChationne Date Page 1 of 1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY /� Return DUPLICATE to rfjJl y/ES4mm (ext. 5260) after signing/dating l*J., >It4 CITY OF HUNTINGTON BEACH ; , INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobo'an, Deputy City Treasurer FROM: SA)/ � d DATE: I% —/ % --03 SUBJECT: Bond Acceptance I have received the bonds for aA)S—,-XttCZaAJ (Company Name) Faithful Performance Bond No. Labor and Material Bond No. (0 4 Monument Bond No. Maintenance Bond No. Re: Tract No. - CC No. 112 MSC No. Approved le5zo A3 (Conn Approval Date) Agenda Item No. City Clerk Vault No. jv. gJah/bondietter.doc .t EXECUTED IN DUPLICATE PERFORMANCE BOND Conforms with The American InstitiAc of Architects A.I.A. document No. AJ t t - PREMIUM: $1,820.00 Borg No. 6227432 - 00-/.2./6 ITOW ALL BY THESE PRESENTS: that CORA CONSTRUCTORS (+Ter+: insert fun name and addrow or legef tine orconum" 74-885 JONI DR., UNIT 4 PALM DESERT, CA 92260 as Principal. hereinafter called Contractor, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA ire insert Intl name and addrms or legs! Us cc Sureyy 2677 N. MAIN STREET SUITE 600 SANTA ANA, CA 92705 as Surds', hereinaftu called Surety, are held and rrraly bound unto CITY OF HUNTII;GTON BEACH 04en Insect f.,7 name and eddtc= or legal We of Owner) 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Ovmer,'in the amount of SEVENTY-TWO .THOUSAND EIGHT HUNDRED AND NO/100 __-_---- _ - - - - -- _.. _-.__ ___-. DOIiars($72,800.00--__ ). for the payment whereof Contractor and Surety bind thrtnselcres, their heirs, executors, administrators, sntccssors and assioons, jointly and severally, firmly by these prestwa. 1%'11EREAS, Contractor has by wriacnt ap e; meat dated OCTOBER 20, 2003 , , hued into a contract with Owmer for OAKVIEW SKATE PARK PLAZA CASH CONTRACT 1216 plere Insert tun na•ne. asdress Ind desviEGon orFfo4A is accordance Pith Drag ingrs and Sp=iricatioas prspand LS riere 6rsert ful rarne and Iddrets or 1eZ310%4eA1*hileery vb-ch cn=ct is by reference made a past hcmot and is > ereinaR:r referred to as the Contract. PROVED AS TO ORbi: low NNIFER 1` cG AATH, City Attotneyr Page t c 12 Reg;:tared tad em*f% of SAFSCO CerP-V-• u'- PERFORMANCE BOND 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 alteration or extension of time made by the Owner. WlI never Contractor shall be, and declared In- Owner to be in default under the Contract, the Owner har-ing performed 0,R-n is oblil;ations thereunder, the Surety 7n4 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 r,ith 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 thouggh there should be a default or a succession of defaults under the Signed and sealed this 25 th day of OCTOBER (Witness) (Witness) 5.12191M Y 2196 Fage 2 of 2 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 oth. r costs and damages for which the Surety may be liable hereunder, the mount set forth in the first paragraph hereof. The term "balance of the contact price," as used in this paragraph, shall mmn the total amount payable by Owner to Contractor under the Contract and arty amendments thereto, less the amount properly paid by Ow-ner 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 the Owner. , 2003 CORA CONSTRUCTORS (Se al) (Principal) (Title) FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Sea'.) (Surety) SUSAN C. MONTEON, ATTORNEY —IN —FACT (Title) STATE OF _ CALIFORNIA SS. COUNTY OF RIVERSIDE Oil _ 1 e/asl 6'5 , before me, R. STANDLEY PERSONALLY APPEARED_ SUSAN C. MONTEON personally kno%vin to nle to me an the basis of saticbe-Fory euid..n ) to be the person(6 -%chose name( is/ere-subscribed to the within instrument and acknowl- edged to me that-l-T+e/she/dwy executed the same in his/ her/.tb R.ia authorized capacity(ies), and that by his/her/ `their-signature'(sy'on the instrument the person(s), or the entity upon behalf of which the persoi*)-acted, executed the instrument. WITNESS my hand and official seal. Signah(re OPTIONAL R. STANDLEY COMM. #9 263272 NOTARY PUBLIC . CAUFORNIA RIVERSIDE COUNTY . My Comm. Es ' s June T. 2W This area for Official A'ularial Seal 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 - TITLEjs) ❑ PARTNER(S) ❑ LIMITED ❑ v` ' ` ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN.'CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NW IE OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE )i•c`' F..•6/94 ALL-PURPOSE ACKNOWLEDGEMENT a STATE OF _ CALIFORNIA SS. COUNTY OI' RIVERSIDE O:1 �Ql�D? _ , before me, __ R. STANDLEY PERSO\ALLY APPEARED SUSAN C. MONTEON personally knov )i to me (Q 1-1-1-ad to „Q „ Pie be-iis of S-ticrarto-), rw-irl.,.+.-) to be the person(,&)-l1'ho$e nan-tef3)- is/irre•subscribed to the %vithin instrument and acknowl- edged to me that-1Te/she/1Lvy executed the same in his/ her/Uhaii. authorized capacity(ko), and that by zrsYher/ `ii - signature(s)Ton the instrument the person(s), or the entity upon behalf of -which the percoir(s}-acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL R. STANDLEY COMM. #1263272 t .l NOTARY PUBLIC . CALIFORNIA / RIVERSIDE CUUNTY _5.. My Comm. Expires Juno 7, 2001 This area for Official N'utarial Seal 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 - TITLE(S) ❑ PARTNER(S) ❑ LIMITED n_ r_cslconl Ej ATTORNEY -IN -FACT v ❑ TRUSTEE(S) ❑ GUARDIAN!CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: OF PERSONIS) Oct ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE It''`' I`,:'--6/94 ALL-PURPOSE ACKNOWLEDGEMENT S"I N I�IlONAL r------- ---- C,TRETYzj�ll_-. LABOR AND MATERIAL PAYMENT BOND Bond No. 6227432 Conforms with The American Institute of Architects PREMIUM INCLUDED IN PERFORMANCE BOND A.I.A. Document No. A-3iI EXECUTED IN DUPLICATE 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 BY THESE PRESENTS: that CORA CONSTRUCTIONS 74-885 JONI DR., UNIT 4 PALM DESERT, CA 92260 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Here insert full name and address of legal title of Surety) 2677 N. MAIN STREET SUITE 600 SANTA ANA, CA 92705 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here insert full name and address or legal title of Omer) 2000 MAIN'STREET HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, iu the amount of ' SEVENTY—TWO THOUSAND EIGHT HUNDRED AND NO/100 — — — — — — -- — — — — Dollars (5 7 2, 800. 00 — — — — —). 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 OCTOBER 20, 2003 entered into a contract with Owner for OAKVIEW SKATE PARK PLAZA CASH CONTRACT 1216 in accordance with Drawings and Specifications prepared by (Here insert full name, address and description of project) (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. S-12201FNEF 2M8 Page t of 2 APPROVED AS TO FORM: / 9�' A�� J NIFER McGRATH, City Attorney ® Registered trademark of SAFECO Corporation. V U LABOR AND MATERIAL PAYMENT BOND W Now. Tlmlt>r om. T11E cammom Or Tms OBuciAItON is such that. if Principal shall promptly make payment to all claimants as hert iaarter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation sball be void; otherwise it shall remsia in full force and el%ct, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract nith the Principal or with a Subcontractor of the Principal for labor, material, or botb.-uscd or reasonably required for use in the performance of tkt Contract, labor and material being construed to include that part of water, gas, pon-.tir, 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 etaEmant as herein defined, nlro has not been paid in ftt11 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 sift to final judgment for such sum or sums as may be justly due dainha_nt, and have execution thereon. The Cr%TLer 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, witbia ninety (90) days .after such claimant did or performed the last of the work or labor, or furnished the last of the materials for aitich said claim is made, stating with substantial accuracy the amount claimed wad 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 nail er certified mail, postage prepaid, in an envelope addressed to the Principal, ONner or Surely, at any place where an office is regularly maintained for the tr mcdon of business, or screed in any manner in which legal process may ire scrse3 in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) Alter L%e expiration of one (1) year following the date on which Principal ceased Work on said CoaWct, it being understood. however, that if any limitation embodied in this bond is prohibited by any laws controllirg the construction hereof such limitation shall be deemed to be amended so as to he equal to the minimum period of limitation permitted by such law. c) Otlter than in a state court of competent jurisdiction in and for the county cr other political subdivision of the state in which the Projeck or any part thereof. is situated, or in the United States District Court for the district in which the Pmjec4 or any part thereof, is situated, and riot else�i'here. A. The amount of this bond shall be reduced by s.•rd to the extent of any payment or payments made in good faith hereunder. inclusive of the payment by Surety of mechanics' Beni which may be fried of record agairh st said improvement, whether or not claim for the amount of such lien be presented coder and against this bond. Signed and sealed this I 25th dap of OCTOBER 9 2003 . (W-Itncss) (Mitness) 6d22WNEF 2AS Page 2 of 2 CORA CONSTRUCTORS (Scal) (Principal) (Ti FIRST NATIONAL INSURANCE COMPANY OF AMERICA .. _ (sea]) (Surety) (Surety) SUSAN C. MONTEON, ATTORNEY —IN —FACT (Title) STATE OF CALIFORNIA COUNTY OF RIVERSIDE Olt•before me, SS. R. STANDLEY PERSO\'ALLY APPEARED__ SUSAN C. MONTEON personally known to me s'►��f��F^T ^. ��'2 Vim) to be the person(z)-\4hose nalne(_.�)- is/t- subscribed to the Within instrument and acknowl- edged to me that+te/she/dwy executed the same in his/ her/4baiz: authorized capacity(iea), and that by -his -/her/ 'their-signaturei(sron the instrument the person(s), or the entity upon behalf of xvhich the person( -+acted, executed the instrument. WITNESS my hand and official seal. Signature yr. R. STANDLEY COMM. #1263272 s Q ` NOTARY PUBLIC - CAUFORNIA H RIVERSIDE COUNTY MY Comm. EspinS June 7, 2004 This area fur Ofjlicial Notarial Scal rOPTIONALNs 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 El INDIVIDUAL ❑ CORPORATE OFFICER TITLEIS) LJ PARTNER(S) ❑ LIMITED El ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN.CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: N:.:: E OF: F=RSON S) OR E.,:TI iY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUiMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE If_'-1011 Rev. 6/44 ALL-PURPOSE ACKNOWLE•DC,EMENT r STATE OF COUNTY OF CALIFORNIA RIVERSIDE On _ , before me, SS. R. STANDLEY PERSONALLY APPEARED_ SUSAN C. MONTEON _ personally hnoivn to nle (e u—nd In ,%%- .,.. 4ke basis _ f Sa{icrawo ,..j,.ide ) to be the person\Whose nallle(q)o is/erre-subscribed to the within instrument and acknowl- edged to me that+re/she/khaly executed the same in his/ her/.U=ir. authorized capaeity(iees), and that by+i!/her/ •heirsignature(sron the instrument the person(s), or the entity upon behalf of lvhich the persoi* -acted, executed the instrument. WITNESS my hand and official seal. Signature le JNW4'�f OPTIONAL R.STANDLEY COMM. #1263272 NOTARY PUSUC - CAUFORNIA RIVERSIDE COUNTY Coma+. EXPhss Juno 7, ne" This aria for Official Molarial Sca! 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 TITLEIS) ❑ PARTNER(S) ❑ LIMITED n GENERAL ❑ ATTORNEY -IN -FACT v` ' ❑ TRUSTEE(S) ❑ GUARDIAN.'CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF FERSONCS) OR EN: T ITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUN iBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Ir•c$l R CV. E/94 ALL-PURPOSE ACKNOWLEDGEMENT r V u EXHIBIT A IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE AGI OF 2002 As'a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of any bonds issued for your account, the underlying agreements guaranteed by those bonds, any statutes governing the terms of those bonds or any generally applicable rules of law. At this time there is no premium change to any of your bonds resulting from this Act. Dated: February 24, 2003 s.6247 2A3 r EXHIBIT A IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of tosses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to ibis cap. This notice does not modify any of the existing terms and conditions of any bonds issued for your account, the underlying agreements guaranteed by those bonds, any statutes governing the terms of those bonds or any generally applicable rules of law. At this time there is no premium change to any of your bonds resulting from this Act. Dated: February 24, 2003 34247 2A3 y POWER ,. OF ATTORNEY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: FIRST RATIONAL INSURANCE COMPANY OF AMEMCA 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 98105 No. 9906 That FIRST NATIONAL, INSURANCE COMPANY OF AMERICA, a Washington oorpor6on, does hereby appoint •rrr.rrrrr.rurrarrrrrrrrrrrr�rrarrrrrrrrrrsrrrrrrrrrrrrS�C. b10\'CEON; P.i�trsidC, CsliComi3'rr.rrr.raarawrrrrrrrrrrrrrrrrrrrrrrrrrrrarrrrrrr.rrrrrrrrrrr� Its true and lawful attomey(s}In-fact, YRIh fun authenjr to execute on behalf of the many fidelity a•1d surety bonds or undertakings and other docummnts of a slmlai character Issued by the company In the course of Its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if suc Instruments had been duly executed by Its regularly elected officers at Its hone office. IN 11YITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 9th dayof April •, 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD. PRESIDENT CERTIFICATE ]Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: `Amide V. Section 13. - FIDELITY AND SURETY BONDS ... the President, "Moe President, the Secretary, and any Assistant Vice President appointed for than purpose by the officer In charge of surety operations, shalt each have auO*-fty to appoint fndndduats as anorneys-tra-fact or under other appropriate Sties W h authority &' execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company In the course of Its business... On any Instrument making or iWdendng such appointment, the slgnafirres may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seat, or a facsimle thereof, may be lmpmssed or affixed or In any other manner reproduced. provfdeck'tlawever, that the seat shalt DOI be neoessary to the vandity of any such Instrument or undertaking.! . Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OFAMERICA adopted July 28.1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Arlfde V. Section 13 of the By -taws, and (u) A copy of the po%er-cf-aromey appointment, executed pursuant thereto, and (ir;) Certifying thaf said power -of -attorney appolrltrnent Is in futi forme and effect, the signature of the cert yang officer may be by facsimile, and the seat of the Company may be a facsimile thereof.' I, RA Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resotu`on of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant the, are true and correct; and that both the BtLaws, the Resolution and the Power ofAttomey are stall In fun force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL '1928.4 • q0 S•1049,TNEF 7198 this , day of r r� • RJL PIERSON, SECRETARY 4JRA9 PDF 10/24/03 13:29 F:U 7144373058 _ y STONC Q001 • .� V • • ALm SE.ATSI, EQ= rm OFFIcm Am CL K OF TM SUPER EM COURT Y (D F Ct3ANGE CCUQTS.• SUPE UCR CMIRT PPDITE C:)= MER MON5 341 THE CTPY MM P. O• ECX 14171 tV G E CPA=, CA 92613•-1571 CLERK OP THE SUPEAIOR COURT r OF Y= DxiE MAY 30.2002 /- Sr' • ' CALIPCIMIAW /•-i"'r1:1:•' cmxjrr =T A •• Y 7.Y" L= or Arm l'V/' ti -! /Y Oa To • -wa. `/1• :r l •. h' • : M' i, ra 'TM ri•J11/ 1:•! TO TRY IWARTMENIr :a ra• IKSML4N= IS • • M31 Mft AS • I; OF ra' INSURERS ADM== TO r' •War SM :•rT 1:'M i'J HM 1. l r`Ia� •:17'Ii! I1• :1}•1f1.. • �G. \ :/• `i1 �! ;d •!:N r; •- Y:1 Sll J• • • ♦• /r'r r•' Y:1' rr' •-- r• 1• a h 1 1 '.! ' a • ia" •• l • •' LINDA C. WALLACE 1• '•l •• ra: Nip. !•• •• •t+' T' L f, , cop, '- CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK COME BROCKWAY CITYCLERK November 18, 2003 Cora Constructors 74-885 Joni Dr., Unit 4 Palm Desert, CA 92260 Re: Oakview Skate Park Plaza CALIFORNIA 92648 The City Council awarded the bid to your company for the above reference project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the aroiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, dyrl,(, 09de�41�—Connie Brockway, CM City Clerk CB:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:follawupkashconftnhcon-letter doc f7rdephone: 71443"W) City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: CC1216 Oakview Skate Park Plaza hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) g:followuplcashcont\cashcon 1.doc procedure #14 DECLARATION OF SATISFACTION OF CLAIMS I, Cora Constructors, state: 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: CC1216, Oakview Skate Park Plaza and dated . 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 20_. (Location) (Signature of Contractor) g:followup\cashcont\cashcon2.doc procedure #15 c IS CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 20, 2003 Cora Constructors 74-855 Joni Dr. Unit 5 Palm Desert, CA 92260 Re: CC-1216 — Oakview Skate Park Plaza — Return of Bid Bond Enclosed please find your original bid bond issued by First National Surety for CC1216 Oakview Skate Park Plaza. Connie Brockway, Br Mr ay, C City Clerk Enclosure gJfollowup/cashconttretu mbidbond.doc procedure #13 1 Telephone: 714-536-5227 ) 1W ZS' j\�L-TIO�T�f;T0�lR��'�; FIRST NATl4\ALINS URANCECO. OFAMERICA 4333 MooldynArenue ME Scatde,WA MOS BID BOND KNOW ALL BY TIIESE PRESL'NTS, That we, CORA CONSTRUCTORS or . 74-855 JONI DR., UNIT 5, PALM DESERT, CA 92260 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are hold and firmly bound unto CITY OF HUNTINGTON BEACH. _ (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE MOUNT OF THE BID Dollars (S 10% OF BID AMT. ) 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 1S SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obligeo on a contract for OAKVIEW PARK SKATE PLAZA, CASH CONTRACT N0. 1216 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 14th day of April , 2063 Witness S-32031EP 7194 CORA CONSTRUCTORS (mil) Principal Dennis E. Stockton Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA SUSAN C. MONTEON Attorney -in -Fact STATE OF _ CALIFORNIA SS. COUNTY OF RIVERSIDE On April 14, 2003 before me, R. - STANDLEY PERSONALLY APPEARED— SUSAN C. MONTEON personally kno%vn to me (eL4aravoel fn we on 41ie LaqM5 ef satisF=r►ory ^ -ide-w. ) to be the person(4- -whose namefs)- is/erne-subscribed to the within instrument and acknowl- edged to me that+e/she/then} executed the same in his/ her/Wasir. authorized capacity(iee), and that by irs/her/ `tneir-signaturel(gfon the instrument the person(s), or the entity upon behalf of %vhich the persoi*+acted, executed the instrument. WITNESS my hand and official seal. Sianature 0 OPTIONAL R. STANDLEY COMM.0263272 N' st NOTARY PUBLIC -CALIEORNtA R111�RS:DE COUNTY My Comm. Explrss June 7, - This areafor O j:cial Nlotarial Seal 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 TITLES) ❑ PARTNER(S) ❑ LIMITED GENERAL EJ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAIME OF PERSON(S) OR Eti T ITY(IE S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE to ) h«•.Ei:'a ALL-PURPOSE ACKNOWLE-DCEMENT POWER • OF ATTORNEY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: UFIRST NATIONAL INSUFIANCE COMPANY OFAAMRICA 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 98105 No. 9906 That FIRST NATIONAL INSURANCE COMPANY OFAMERIIC�A,, a Washington corporation, does hereby appoint •N00090 ..�H..�����qH 00000064000*g0*0400• 0...a OSLIS IC. NIONrrEON;Pivenide. Caharornie$0009000*40000 so a**Go*toss* ***@fee �..���.. �.���s. �...a..• its true and lawful attomey(s}In-fad, with full authority to execuee on behalf of the company fidelity and surely bonds or undertakings and other documents of a s,•nilar character Issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COh!PANY OF AMERICA thereby as fully as if such Instruments had been duly executed by Its regularly elected officers at its hone office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this ft day of April ., 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Moo President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of s=), r operations, shall each have authodty to appoint irl rMuals as attorneys -in -fact or under other appropriate titres with au"mortty to execute on behalf of the company fidelty and surety bonds and other documents of similar character Issued by the company in the course of Its business— On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. Ori any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however. that the seal shal not be necessary to the varxfly of any such Instrument or undertaking' Extract from a Resolution of fie Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, n The prov°sions of Article V. Section 13 of the By-laws, and (i) A copy of the power•of-a"omey appointment, executed pursuant thereto, and a, CertifNng that said povmr-of-attorney appointment is In full force and effect the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof.' 1, RA Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct and that both the By-laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and afrnced the facsimile seat of said Corporation SEAL y I926 ' °►was+'+. this 14th day of April 2003 R.A. PIERSON, SECRETARY S-10491FNEF 7198 4LS.99 PDF A1Mall. CERTIFICATE.JF INSURANCE COR11956R" No 105056SS10/24//0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Barney & Barney, LLC—CA LiC0003950 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE i Barney &BarneY r raC-CInc—CA LiOC2431O DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 85638 San Diego, CA 92186-5638 (858) 457-341� �I���� �RNY A Mst#: 484 COMPANY B INSURED C'OgA IJCT0R5 LETTER COMPANY LETTER C COMPANY 74-855 JONI DRIVE, UNIT #4 LETTER D PALM DESERT CA 92260-2534 COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM;'DD/YY) DATE (MM/DWYY) GENERAL LIABILITY GENERAL AGGREGATE S* 2, 0 0 0, 0 0 0 X COMMERCIAL GENERAL UABiUTY PRODUCTS-COMP/OP AGO. S* 1, 0 0 0, 0 0 0 + A CLAIMS MADE X OCCUR. GLW 7 7 7 4 81 10/19/03 10 / 19 / 0 4 PERSONAL a ADv INJURY S * 1, 0 0 0 , 0 0 0 OWNER'S d CONTRACTOR'S PROT EACH OCCURRENCE S* 1, 0 0 0, 0 0 0 AUTOMOBILE LIABILMY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS B _ X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY C X UMBRELLA FORM OTHER THAN UMBRELLA FORM COMPANIES AFFORDING COVERAGE 6725 - WESTCHESTER FIRE INS. CO. SAFECO-AMERICAN STATES INS CO 6725 - LANDMARK AMERICA NO COVERAGE ON THIS DOCUMENT NO COVERAGE ON THIS DOCUMENT FIRE DAMAGE (" am Ire) S * * * * 5 0 1 0 0 0 — - - MED. EXPENSE War om a«soN S * * * * * 5 , 0 0 0 COMBINED SINGLE LIMIT S *1, 000, 000 BODILY INJURY (Par P—) 01-CG-235768-20 10/19/03 10/19/04 BODILYINJURY (Par *wKk fl PROPERTY DAMAGE EACH OCCURRENCE LHN209927 10/19/03 10/19/04 AGGREGATE S * * * * * * * * * O $*********0 $*********0 s*4,000,000 $*4,000,000 WORKER'S COMPENSATION STATUTORY LIMITS AND NO COVERAGE EACH ACCIDENT s * * * * * * * * * 0 EMPLOYERS' LJABILITY t DISEASE -POLICY LIMIT S * * * * * * * * * O APPROVED AS TO rOR'%SEASE-EACH EMPLOYEE S * * * * * * * * * O OTHER NO COVERAGE jE NIFER WGR TH, City Attorney DESCRIPTION OFOPERATIONS /LOCATIONS /VCHICLES ISPECIAL ITEMS PERSONAL PROPERTY $5, 500; CONTRACTORS EQUIPMENT �$161,052; RENTED EQUIPMENT $100,000; DEDUCTIBLE $2,500; SPECIAL FORM, 'REPLACEMENT COST. RE: OAKVIEW PARK SKATE PLAZA CERTIFICATE HOLDER - -- - ---� -CANCELLATION- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XN1FXFvXO 'X.X CITY OF HUNTINGTON BEACH ITS AGENT MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE OFFICERS & EMPLOYEES LEFT, MX�=V= -XV " ,Mj(%1t.="KX, MVXQ;XVMXXX r� 2000 MAIN STREET - — ------------ --- --- --- . HUNTINGTON BEACH CA 92648 AU ZED REPRESENTATIVE ��tb�-i _ACORD 25.5 VIM OACORD CORPORATION 1490 THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURE PER THE ATTACHED ENDORSEMENT. Policy Number: GLW4fY 81 Effective Date: 10/24/03 U COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES TIIE POLICY. PLEASE READ IT CAREEUL.LY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH ITS AGENT OFFICERS & EMPLOYEES 2000 MAIN STREET HUNTINGTON PEACH CA 92648 ADDITIONAL INSURED(S): i DESCRIPTION OF OPERATIONS: PERSONAL PROPERTY $5,500; CONTRACTORS EQUIPMENT $161,052; RENTED EQUIPMENT $100,000; DEDUCTIBLE $2,500; SPECIAL FORM, REPLACEMENT COST. RE: OAKVIEW PARK SKATE PLAZA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 1I) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. "This insurance is primary with respect to the additional insured, any other insurance available to that person or organization Is excess and noncontributing." Record#:105056 Master#: 4847 Client IDCOR11956A Typeac25s CC 20 10 1185 P YHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUN D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-24-2003 GROUP: 000046 POLICY NUMBER: 8473-2003 CERTIFICATE ID: 116 CERTIFICATE EXPIRES: 01-01-2004 01-01-2003/01-01-2004 CITY OF HUNTINGTON BEACH ATT: DAVID VERONE PO BOX 190 HUNTINGTON BEACH CA 92648 JOB: OAKVIEW PARK SKATE PLAZA CASH CONTRACT 1216 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. �6� AUTHORIZED REPRESENTATIVE PRESIDENT STANDARD POLICY EXCLUSIONS: INDIVIDUAL EMPLOYERS, HUSBAND AND WIFE EMPLOYERS, EMPLOYEES COVERED UNDER CPL INSURANCE AND EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. APPROVED&S TO FORM: ///2,4 3 q�,X- JLJ,� NIFER McGRATH, City Attorney EMPLOYER STOCKTON, DENNIS DBA: CORA CONSTRUCTORS 74885 JONI DR STE 4 PALM DESERT CA 92260 [LMW,SKI PRINTED: 10-24-2003 SCIF 10262E Accept this certificate only ,f you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" PAGE 1 OF 1 : Company Profiles u Page 1 of 1 CompanyList cos °c9liftrmInsurance For more information on any company, click the Company Name "Info" Iink. To view all companies in the same group, click the NAIC group number. Company Name State of Domicile NAIC I Number NAIC Croup Number lType Name STATE COMPENSATION INSURANCE FI]ND�lnfol:Ji—J CA 35076 0000 FNae Record 1 New Search Last Revised - October 16, 2003 01.24 PNI Copyright ® California Department of Insurance pisclaimer http://cdinswww.insurance.ca.gov/pW,.vu_co_proflidb co list$co list mc.actionquery 11/6/2003 Company Profile Pagel of 2 U Company Profile InSmonji sDep'rae STATE COMPENSATION INSURANCE FUND 1275 MARKET ST ATTN: DIANNE C. OKI SAN FRANCISCO, CA 94103 877-405-4545 Agent for Service of Process U—nable to Locate the Agent fQLService of Process? Reference Information NAIC #: 35076 NAIC Group #: 0QQ0 California Company ID #: 0449-9 Date authorized in California: January 01, 1914 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary.. WORKERS' COMPENSATION Company Complaint Information t .* Company_En.forccment Action Documents span Perfor ance c Comparison Data Composite Complaint Studies http://cdinswww.insurance.ca.gov/plsfwu—co_prof/idb—co_prof utl.get co_prof?p_EID=2... 11/6/2003 Company Profile Page 1 of 2 Company Profile 44 ImeDe aft FIRST NATIONAL INSURANCE COMPANY OF AMERICA REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA SEATTLE, WA 98185 800-544-2614 Agent for Service of Process DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24724 NAIC Group #: 0163 California Company ID #: 0978-7 Date authorized in California: January 03, 1929 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the gloss. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prof9p_EID=3... 11/6/2003 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C o r 3 C0MS*rf 4A.C-t04-S FOR Da1kyiew ark Sreste $Laz.a. TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 3. COMPENSATION 4. COMMENCEMENT OF PROJECT 5. TIME OF THE ESSENCE 6. CHANGES 7. NOTICE TO PROCEED 8. BONDS 9. WARRANTIES 10. INDEPENDENT CONTRACTOR 11. LIQUIDATED DAMAGES/DELAYS 12. DIFFERING SITE CONDITIONS 13. VARIATIONS IN ESTIMATED QUANTITIES 14. PROGRESS PAYMENTS 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 17. WAIVER OF CLAIMS 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 20. INSURANCE 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 22. NOTICE OF THIRD PARTY CLAIM 23. DEFAULT & TERMINATION 24. TERMINATION FOR CONVENIENCE 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 26. NON -ASSIGNABILITY 27. CITY EMPLOYEES AND OFFICIALS 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 29. NOTICES 30. SECTION HEADINGS 31. IMMIGRATION 2 2 4 5 5 5 6 6 7 7 7 9 10 11 11 12 12 12 13 13 14 15 15 16 16 17 17 17 17 18 18 1 ow 1w FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 19 34. INTERPRETATION OF THIS AGREEMENT 19 35, GOVERNING LAW 20 36. DUPLICATE ORIGINAL 20 37. CONSENT 20 38. COMPLIANCE WITH APPLICABLE REGULATIONS 20 39. MINIMUM WAGES 22 40. PREVAILING WAGE LAW 25 41. WITHHOLDING 25 42. HEALTH AND SAFETY 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 27 44. APPRENTICES AND TRAINEES 27 45. PAYROLLS AND BASIC RECORDS 29 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 32 47. SUBCONTRACTS 32 48. FEDERAL PARTICIPATION 32 49. DAVIS-BACON ACT 33 50. DISPUTES CONCERNING LABOR STANDARDS 33 51. CERTIFICATION OF LIABILITY 33 52. DISCRIMINATION, MINORITIES, ALIENS 34 53. EQUAL EMPLOYMENT OPPORTUNITY ..34 54. COPELAND "ANTI -KICKBACK" ACT 35 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION POLLUTION CONTRACT ACT ..36 57. ENERGY CONSERVATION ..37 58. ROUSING AND URBAN DEVELOPMENT 37 59. SUBCONTRACTS 37 60. CONTRACT TERMINATION; DEBARMENT 38 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 38 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 38 63. ENTIRETY 39 2 V o FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF 11UNTINGTON BEACH AND Cstza Cens4p4c+cis FOR 1`2akJteua isrk SKe.�-c taza. THIS AGREEMENT ("Agreement") made and entered into this _;�3Q day of 02 7 16L-ZC 24b3 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Cara C0.s1-ru,c.+0r5 , a California 54{e C .snarsh�P , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT; more fully described as _0P. k4 --%, 9w-V sypar- Pic A ca, CM+r'r. NO.- 111tp in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of I968, as 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 Iow- zSmdrorm9fcdcn1 CDGD 4-03 1 U kj income persons, particularly persons who arc recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK,• ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as arc herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK. PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in s8mc1fbmWfcd=1 CAGB 4-03 2 V 1W this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Morks Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; agrndroanefederal CDGD 4-03 3 L19 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agrccment, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed LA4, Jrd Dollars ($ 72 $�• "- , as set forth in the Contract Documents, to be paid as provided in this Agreement. agrWformVfcdem1 CDGB 4-03 4 V 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within .{� r , C55) consecutive 4]erk„r.' payerfrom the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work agrtdromWfcdcral CDGB 443 5 U U necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. Whcn directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. 13ONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in sgrm/romLV(cdcm1 CCGB 4-03 6 kj Q the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set *ZrWfonnVfcdcm1 CDGI3 4-03 7 V forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of -tve }t►�v, dre �- Dollars ($ 5ck"3• per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or *Sm-c/fomWfcdcm1 COGO 4-03 8 V IN other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (IS) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for I performance of any part of the work under this Agreement, agrcdfomu/fcdcm1 CDGB 443 9 lJ U whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension. No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT arc 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 aflcr final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. agmelromWfedeni CDGB 4-03 10 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the agree/forms/federal CDGB 4-03 11 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. I6. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS ' CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active agree/formdfedmI CDGB 4-03 12 or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 el seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall rcquire all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employers liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering agrodfbmn/fcdcn1 CDGB 4.03 13 U An the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and r 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. sgrWfomWrcdcm1 CDGB 4-03 14 U W" CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hcrcinabovc required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice aSmWformVfcdcm1 CDCB "3 15 U k ..) to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 %: %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agmWfbmWfcdcn1 CUGa 4.03 16 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unrcimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate agmdfonralfcdcrel CDGB "3 17 different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: Da u i T) Je r on e 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Ca+'4 <:04y6Er%&rJOrs anN. -L-A--r,r,;s E- stc�ckron -N 8 $ 5 won ► Dc. 5�.,�e L4 Pat,, 17e5gT-t CA 922&.0 The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/federal CDGB 4-03 18 U CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. agm/rornis/redcm? CDGB "3 19 V 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. - CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, ,8r fornWrcdmr coaB "3 20 V shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future IIUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts a&m--/rormVf1:dcm1 CDGB 4-03 21 V and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as arc 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 sgrWforms/fedcn1 CDGQ 4-03 22 U Q 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 (WII-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona tide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized agredformVfcdcral CDC9 "3 23 representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), IIUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of IIUD 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 IIUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of aSmWfbnnVfederal CDG134-03 24 Q any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number I215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD') the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING_ HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of agrce/fomWfedm1 CDGI3 4-03 25 V wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States housing Act of 1937 or under the housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which arc unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. sgrWronrWfcdm1 CDG© 443 26 M 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they arc employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. sgm/forms/fcdcm1 CDGD 4-03 27 V Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State. Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless aSrWforms'fcdem1 CDG[i 4-03 28 k.) v the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I (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 i� found under 29 CFR 5.5 (a)(1)(N) that the wages of any Iaborcr or mechanic include the amount *gmdformVfcdcral CDG13443 29 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 Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form NVII-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: agmlrormslredemI CDGB "3 30 V That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.3(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form NWI-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, .grcafoanVfcdcmi coca 4-03 31 failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, agnWforms/federal CDGB 4-03 32 rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR agree/forms/federal CDGB 4-03 33 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of -influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION. MINORITIES. ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. agree/forms/federal CDGB 4-03 34 V A Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work flours and Safety Standards Act (40 USC 327 el seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section I03 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 agreelformUredmI CDGB 4-03 35 U in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. guards. As used in this section, the terms "laborers" and "mechanics" include watchmen and 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the director, office of Federal Activities, EPA, agrWfbm tlredcm1 CDOB 4-03 36 indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, el seq. ). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. agree/formslfcdcm1 CUGB 4-03 37 60. CONTRACT TERMINATION; DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. agree/forms/federal CDGB 4-03 38 B. Violation-, Liability for Unpaid Wages: Li uidated Dama es. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or agmv1fanns/fc&ra1 CDGB "3 39 warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, / munic4Z3M)14a0L-0 n of the State of California lire, Czyt !:— i L4prs By:�R\� print name ITS: (circle one) Chairman/President/Vice President Lo print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer City Administrator agree/fornWfederal CDGB 4-03 40 Mayor ATTEST: APPROVED AS TO FORM: City Attorney /3 INITIAT APPROVED: Director of Public Work IV0wVerme DI) CITY OF HUNTINGTON BEACH MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER: PW 03-070 Council/Agency Meeting Held: 3 Deferred/Continued to: )6�i4pproved ❑ Conditionally Approved 0 Denied r, City n.4,19T66nnatur Council Meeting Date: October 20, 2003 TDepartment ID Number: PW 03-0-M 0 CITY OF HUNTINGTON BEACH o REQUEST FOR COUNCIL ACTION -� Co c SUBMITTED TO: HONORABLE MAYOR & CITY COU CI MEMBERS f- SUBMITTED BY: RAY SILVER, City Administrator`�� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Wor z' u DAVID C. BIGGS, Director of Economic D O JIM ENGLE, Director of Community Service SUBJECT: AWARD OAKVIEW SKATE PARK PLAZA IMPRIOVEMENT PROJECT, CC-1216 Statement of Issue, Funding Source, Recommended Action, Altemative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids for the Oakview Skate Park Plaza Project were received and opened publicly on September 30, 2003. Staff recommends award of the contract to Cora Constructors, the lowest responsive and responsible bidder. Fundino Source: Budgeted funds include $59,200 from Community Development Block Grant (CDBG) FY 2001/2002 in Account #86486001.82200 (Oakview Skate Park). Additional funding in the amount of $30,000 will be appropriated from the CDBG unprogrammed fund balance. Recommended Action: Motion to: 1. Accept the lowest responsive and responsible bid submitted by Cora Constructors in the amount of $72,800.00 for the Oakview Skate Park Plaza Project, CC1216; and, 2. Authorize the Mayor and City Clerk to execute a construction contract with Cora Constructors in substantially the same form as the attached sample construction contact. Alternative Action(s): Direct staff not to move forward with the project at this time. This action would result in the $59,200 of CDBG funds currently allocated being returned to the unprogrammed fund balance. 03-070 Oct 20 Erdman (Oakview Skate Park Award) 7q` ,E-\� - 10/8/200312:57 PM REQUEST FOR COUNCIL ACTION MEETING DATE: October 20, 2003 DEPARTMENT 1D NUMBER: PW 03-070 Analysis: In 2001, the Community Services Department received a Community Development Block Grant (CDBG) for the design and construction of a skate park at the Oak View Center, which falls within the Oak View Enhancement Area. The plan calls for a facility designed for beginner and intermediate skaters to be constructed within Oak View Park. The project was initiated by youth residing within the Oak View community. Public Works is assisting the Community Services Department in the administration of this project. On March 3, 2003, the City Council authorized the advertisement of bids for this project. On April 15, 2003, the City received three bids for the construction of the skate park. However, the lowest bid was significantly greater than the budgeted funds for construction. At that time, Council rejected the bids and directed staff to review the scope and design of the project. Upon review with the consultant, it was determined to reduce the skate park to approximately one half the originally envisioned size, building the first portion only at this time. This would allow for a future expansion should additional funding become available. Revised plans were resubmitted to the City in August, and the project was again advertised for bids. A bid opening was scheduled for September 9, 2003, but at that time, the City had not received any bids for the project. The bid date was extended until September 30, 2003, when bids were opened. One bid was received from Cora Constructors in the amount of $72,800. The lowest responsive and responsible bidder was determined to be Cora Constructors. References were reviewed with favorable results; therefore, staff recommends that the Council accept the bid. Should the City Council determine not to move forward with this project, the designated CDBG funds would not be used for this project and would be returned to the unprogrammed fund balance. The unprogrammed Fund balance, which can only be used for capital projects, is currently $360,000. Funds could be used pursuant to the Citizen Participation Plan. Public Works Commission: The Public Works Commission reviewed and approved this project on February 19, 2003, by a vote of 6-0-1 (Commissioner Johnson was absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s)• RCA Author: D Erdman:cf 03-070 Oct 20 Erdman (Oakview Skate Park Award) 1011312003 2:43 PM .2 V V ATTACHMENT #1 V ATTACHMENT #2 V FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETNVEEN THE CITY OF HUNTINGTON BEACH AND s; TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 3. COMPENSATION 4. COMMENCEMENT OF PROJECT 5. TIME OF THE ESSENCE 6. CHANGES 7. NOTICE TO PROCEED 8. BONDS 9. WARRANTIES 10. INDEPENDENT CONTRACTOR 11. LIQUIDATED DAMAGES/DELAYS 12. DIFFERING SITE CONDITIONS 13. VARIATIONS IN ESTIMATED QUANTITIES 14. PROGRESS PAYMENTS 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 17. WAIVER OF CLAIMS 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 19. WORKERS" COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 20. INSURANCE 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 22. DEFAULT &: TERMINATION 23. TERIA NATION FOR CONVENIENCE 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 25. NON -ASSIGNABILITY 26. CITY EMPLOYEES AND OFFICIALS 27. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 28. NOTICES 29. SECTION HEADINGS 30. IMMIGRATION FEDERALLY FUNDED COMMUNITY DEVELOPMENT Fj 2 4 5 5 5 6 6 7 7 7 9 10 ll 11 12 12 12 13 13 14 15 16 16 16 17 17 17 18 18 BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS. continued Pa a No. 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED I8 32. ATTORNEY'S FEES 19 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 20 35. DUPLICATE ORIGINAL 20 36. CONSENT 20 37. COMPLIANCE WITH APPLICABLE REGULATIONS 20 38. MINIMUM WAGES 22 39. PREVAILING WAGE LAW 25 40. WITHHOLDING 25 41. HEALTH AND SAFETY 26 42. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 27 43. APPRENTICES AND TRAINEES 27 44. PAYROLLS AND BASIC RECORDS 29 45. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES -32 46. SUBCONTRACTS 32 47. FEDERAL PARTICIPATION 32 48. DAVIS-BACON ACT 33 49. DISPUTES CONCERNING LABOR STANDARDS 33 50. CERTIFICATION OF LIABILITY 33 51. DISCRIMINATION, MINORITIES, ALIENS 34 52. EQUAL EMPLOYMENT OPPORTUNITY ..34 53. COPELAND "ANTI -KICKBACK" ACT 35 54. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 55. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION POLLUTION CONTRACT ACT ..36 56. ENERGY CONSERVATION ..37 57. HOUSING AND URBAN DEVELOPMENT 37 58. SUBCONTRACTS 37 59. CONTRACT TERMINATION; DEBARMENT 38 60. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 38 61. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 38 62 ENTIRETY 39 2 Q Q FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20___, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- .greero►mrederalcocg 1111410t I income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in agree/iomsslre&ra1 CDCB 11114MI 2 VM' U V this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. fonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Morks Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; agreelrorms/fe&ralCDGB 11/14M1 3 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"'), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ , as set forth in the Contract Documents, to be paid as provided in this Agreement. sgree1romWfe&m1 CDGB 11/14MI 4 U 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten ( 10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within [ _ 3 consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. JIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. I 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work ,Sm-Jcormae&rsi coca unaroi 5 r ' i necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work- shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay Clue to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, famish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (I00%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in .gre--Jrommre&mi cDCB I1/1"I . 6 the amount of one hundred percent of the Agreement price to guarantee payment of all claims for Iabor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGESIDELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set sgrerJfbmnMe&ra1 CMB 11114MI 7 V forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or agree/fornL%Te&ra1 CDOS 11114MI 8 V 09 other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR., or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR 12. DIFFERING SITE CONDITIONS . A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, agrWfornu/r*&ra1 CDG8 11/14/01 9 whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS 1N ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. agmJiornu e&m1 CDGB 11/14/01 10 i U Q 14. PROGRESS PAYIyiENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the xVv&Tbmnfre&rarcats 1I/14MI 11 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS Mier the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential -damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by 'any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active a&mdformslfe&ra1 MOB 11/14/01 12 .I. V V or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' .compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering agrcdformsAfe4ral CDGB 11114MI 13 M the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following '` amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. if coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that 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. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the wort: hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. a&wJfbnr,& e&ra! CDGS 1I/14M1 14 V A CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional insureds, to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMiNATIQN If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. i Unless the violation is cured within ten (I0) 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. agrWform"a&ra)CDGB 1I/14/OI 15 V If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 23. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 % %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER,D4CL MFMTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 25. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. egrcdforms/fe&W CDGB 11114MI 16 26. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 27. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/fornWfedeml CDGB 11/14/01 17 lV TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 29. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or . interpretation of any provision of this Agreement. 30. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 31. 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 *Smdforms/l'e&ra1 CDGS 11/14M1 18 U CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing party. 33. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. msrWfbnr-Vre&rs1 CDGS I I114101 19 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. ' DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CITrs consent/approval is required under this Agreement, its consentlapproval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 37. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, a%meIfo"mfflt cat CDGB 11/14MI 20 V V shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR'S obligations tender 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts &Smdfbm4 f,-&r31 CDG811114MI 21 V and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 38. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of I937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not Iess often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(axl)(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 agrWfb msMe&ra1 CDGB 11114MI 22 regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. -The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the i classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized .gredf0MU fe&ra1 MOB I1XV01 23 V representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (I xb) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of agredfarms/fe&ral CDGS I I/14M 1 24 k.) U any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 39. PREVAILTNG 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. 40. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of .gmefemnMedaal coca t inarot 25 wages required by the Agreement. In the event of failure to pay any taborer 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 I949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 41. HEALTH AND SAFETY. No laborer or mechanic shall be required to worts in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary 'of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. agree/fonr0e&ra1 CDGS 1111-M 1 26 U U 42. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 43. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. sgreefbrnWfkdmsl CDGB 11/14MI 27 Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless agrWfbmn fe&ra1 CDGB 11/14 OI 28 the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 44. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount agree/forms/federal CDGB 11/14/01 29 V V of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(bx2XB) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: 4L%vWf*mu fe&rstcDGB 11114MI 30 U A That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3x1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form NVH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(iixb) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, :Sm-JfGrm e&rs1 caaa unaroi 31 failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 45. WITHHOLDING FOR UNPAID WAGES AND LI UIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 46. SUBCOMACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 47. FEDERAL PARMIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, agrWforms Te&ral CDG9 1 I114M I 32 V V rules and regulations promulgated by. the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 48. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 49. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 50. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONITRACTOR's finn is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this Agreement shall be subcontracted to any person or firm ineligible for award of Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR svv0fbmaTe&ra1 CDGB 1111441 33 U M 5.I2(aXI) 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." 51. DISCRIMINATION. MINORITIES. ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment • on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 52. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. *gmdfonn&Te&ral CDGB l I/Dual 34 �-1 J Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 53. CQPELAND "ANTI -KICKBACK- ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 54. _ ONTRACT WORK HOURS ANDJAFET(STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard work. -week of forty (40) hours. Work .gKe/romsMe&nI cncs 11/14MI 35 �� in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. guards. As used in this section, the terms "laborers" and "mechanics" include watchmen and 55. IMPLEMENTATION OF CLEAN AiR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, agTWforms/rC&MI CDGB HIM 36 V V 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. 56. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq. ). 57. HOUSING AND URBAN DEVEI.OPIMFNT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(axl) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. agnWfomm/fe&rst CDGB 11114MI 37 59. CONTRACT TERMINATION: DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 60. COMPLA NITS. PROCEED NGS OR TESTIMONY BY EMPLOYEES. r No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 61. CONTRACT WORK HOLES AND SAFETY STANDARDS ACT . - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no Iess 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. agttdfom sMe&r&I CDGB 11/14M 1 38 B. Violation-- Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such Liquidated damages shall be computed with respect to each individual Iaborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $ I 0 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 62. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or agr"jforwWTe&ral GDCB 11/14/01 39 warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which arc not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chaim=VPresident(Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst Secretary -Treasurer REVIEWED AND APPROVED: City Administrator agmee/romwTe&ra! CDGB 1 I/14/01 40 CITY OF HUNUNGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works Z �-vECTION 1. PROPOSAL for the OAK"VUW PARK SKATE PLAZA CASH CONTRACT No.1216 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF IRWFINGTON' BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the wort; 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 DEL E ANY IMM FROM THE r: . 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 crate. 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 U LA SECTION C PROJECT RID SCNFDULF ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT EXTENDED NO. QUANTITY WORDS PRICE AMOUNT Oakview Skate Park Plaza .1 1 Mobilization " r,Fff ct L.S. @w11H0-•TayK rhpwtj6m.n ft!NI�uw/r%RtA; Dollws IyfgSl'oe igjgr�00 I ex L Cents 2 I Clearing and Grubbing Af L.S. Dollars 'd' Scd0.00 yPo •" o z t.� Cents , 3 73 Ledges -r, �Q; �21,5'3f.eo L.F. @ ; ".o �..�Npneco .rmio,& r ve Dollars �1�". Dd 7 t r. o Cents 4 100 Steel Edging/Rails L.F. @ _ FovwC2, .S'.< Dollars 600.00 7 K r► a Cents 5 70 Concrete Steps L.F. @, pme rfj_c Dollars azr-c Cents 6 16 Retaining Walls � �l � ea L.F. @ _ n ►.i t Doliars �ro o • e jz o Cents 7 646 4" Paving i S.F. @. - - t: c, Dollars 3 C 2 8 Cents 8 35 12" Curb Wall LF. ® Szu,ch-r -T.�o Dollars7a,L,o ��Sac.ao -zr lL o Cents 9 1 Rules Sign. '�ydotao Ea. @ F,-x Dollars J100,C6 Z C r- G Cents PROJECT BASE BID: Total Amount Bid in Figures: $ p c . ro Total Amount Bid in Words: H D�'�u& a '2 c r_ o P2 If awarded the Contract, the L Uigned agrees that in the event of �iDDER'S default in executing the required contract an 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 L�An the amount of S 4e which said amount is not less than 1 Q% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (PIease 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: 14ddenda'1Vo zDateRec der!sSi ' r C2 LI (.JF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name .and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. .Portion :Name tired Address of Subcara_ radoT :� �. :,.: estate License ' N }, ei `'-Class: . 16 f 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 NLA, ;OLLUSION AFFIDAVIT U TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County ofo;mge aQ being first duly sworn, deposes and says that he or she is Qj )nrs' _ _ of _-- . r�2� (Z4-fqfA"c':6'�5 the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a Use 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, cDmrnunication, 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 thereo4 or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. LVZI= Crkn4ry,-V4�5' Name of Bidder Signature of Bidder far. Address of Bidder Subscribed and sworn to before me this day of , , 20 la - Mal"0_0�1 MAW C-4 .- KAREN P. t OWE � 0 COMM.$1243372 (J� ..: HOTARrPUSUC-CAUFCRNIA:) � Rfv!RS D= COU14TY CDIVIN EXP JAN, 37, 2004 •" NOTARY SEAL -ILTTY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTMTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the OAKWEW PARK SKATE PLAZA, (1)(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: "Qualif ed 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 an applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: _ Z r . Contractor By r c' u e` Title C-5 DISQUAJ,,,�71CATION QUESTIONNAL In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, Stafe or Iocal government project because of a violation of law or a safety regulation? ❑ Yes 34 No 4b y... s If the answer is yes, explain the circumstances iu the space provided. 4 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENS-' CON INSURANCE CERTM ATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shah 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- hmmace 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: _ C-7 x.s �.t By LILW/" - - Title A UND,.OROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, can Underground Service Alert at 1-800 422-4133 a minimum of two working days before scheduled excavation. Digl41enldentification Number. Contractor By Titre Date: Fa_ Note: This form is required for every Dig Alert Identykation Number issued 0 U.S.14. during the course of the Work Additional forms may be obtained from the AGENCY upon request. G8 I OER'S INTOR IATION BIDDER certifies that the following information is true and correct: Bidder . um-i d . m Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original Date issued w ^^ Expiration Date - - — The work site was inspected by l?5 b ll our office on -;rl 2005 The following are persons, firms, and corporations having a principal interest in this proposal: -., Drr, lrils i1..f-t))0-AMCe-- �W C9 The undersigned is prepared tc - fy the Council of the City of Hunti n Beach of its ability, financially or otherwise, to perm the contract for the proposed woi,, and improvements in accordance with the plans and specifications set forth. Company Name 'R --� S�-- e Signature of Bidder ti ,/)n N S I- Srl75/k ltt "1 Printed or Typed Signature Subscribed and sworn to before me this;,Zj41-t3ay of Kt4REEN ? LOWE � ti C'1FW. 91240372 .� INOTARf PUBUC•CALIFQRNIA % RIVERSIDE COUNTY COMM. EXP. JAN. 31. 2004 'a NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Leay%i' 51 -Az '7&-,P-7)7--?&D Contract Amount Type of Work Date Completed Name and'Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. : ,�� r k Lo. ) 1 elc{G..- Name and Address of Public Agency Name and Telephone No. of Project Manager: _ a,,yr �5-.n u; ✓11 �i - S�a`a -1� 3J Contract Amount Type of Work Date Completed C-10 CONI OCTOR'S QUALIFICATION U CONTRACTORS wishing to submit a bid must display evidence of technical experience in poured -in -place concrete and shotcrete application. Experience is required in poured -in -place concrete as per the following examples: • Skate Park construction • Street furniture, benches, pilasters, planters, Treewells, etc • Fountains . • Garden and retaining walls • Sloped and curved concrete pours Experience is required in shotcrete application as per the following examples: • Skate Park construction • Swimming pools • Lakes or water features Sloped and curved applications Please indicate three examples, with references and phone numbers, of projects you have completed as the general contractor or selected specialty sub -contractors for both poured -in -place concrete and shotcre:-: Poured -in -Place Concrete I. Project Type and Location:_ in m Soiae�_'�%�, Name and Telephone No. of Reference: LA/CS �Y►�cs; 5 �-•(� i-7�11 _ 2. Project Type and Location: _Y U Nth! -u r BZ,, .k- to LOC.0 I rr4;e,,? _W -its. 6,4 Name and Telephone No. of Reference: n , ja!:: ti tA+A ,iti �(�..���•Gb 37 3. Project Type and Name and Telephone No. of Reference: '," f Shotcrete Application 1. Project Type and cs4C.. ZOk$ Name and Telephone No. of Reference: _ E � _ 'iG�h.20-tngI/ 2. Project Type and V Name and Telephone No. of Reference: Yvv ; n L%ri &0-3gq- S&-)S 3. Project Type and Pe V- S Name and Telephone No. of Reference: A,, ..A)weY4? s C-11 B'VbER'S CERTIFICATION* LJ HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor. ram, Contact Person: flt'n'11c, Contact Phone: 21"0-(,-)q- Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et 4 and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disoualification. C-12 tw--� City of Huntington Beach lJ Public Woks Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For OAK VIEW SKATE PARK PROJECT CC-1216 September 15, 2003 Notice To All Bidders: The bid date for this project has been extended to September 30, 2003 at 2:00p.m. Company Name By All bidders must acknoWedge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Doug Erdman at (714) 374-1735 GAConstrudon Contracts (CCs)%CC1216\Addendum 1.doc L FinFI ATIONALINSURANCGC0. or AMERICA 4133 Flieaktyn Avenue N.1; S011110,WA49105 DID BOND . KNOW ALL PY 1'I1ESF. PI ESZh7S, That ►tc, ,CORD CONSTRUCTORS of _Z_4— } ry _ .�_�T;../_nAT.M DESERT...f-1�47?�� ,.._.. (hereinattnr called the Principal), ss ),r;ncipal, and F111YT A'ATJO,NAL INSURANCE COMPANY OF AMERICA, of �Seattlo, ti ISMnglon, A corl'or4an duly organ -fired under (Ire Iawr of Ihr Statu as Surety, 110MInifler called the Surely, sru hold and firmly bound unto City of Huntington Beach _ (lrcrcinafter eirllad flea 0MCce) in the pens) sum of 'TEN TERCENT 0}_.THE AM01M 01' THE BID Dollars (S 3OZ OF BXD JLMT. ) for he payment of which lire Principal and the Surety bind thesrxalves, their heirs, executors, rdministrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION 01" THIS OBLIGATION IS SUCH, That Whereas, the Mrcipal has submitted or is about to submit a proposal to the Obligee an a contract for Oakview Park Skate Plaza, Cash Contract No. 1216 in the City of Huntington Beach NOW, Ti1EREFORL•, If the said Contract be timely sworded to tho Principal and the Frineipal shall, within such time as may bo specified, enter into Ilia contract in writing, and give bond, if bond is required, with surety acceptable to tho Obligoo for the teithful performance of the said Contract, then this obligation shall bo void; otherwise to remain in full force and effect. Signed and coaled this 30th day of September 2003 3-3209/110 1101 CORA CONSTRUCTORS (Sear) Principal Witness Dennis E.—Stockton`�Owttez Title FIRST VATIONAL INSURANCE COMPANY OF AMERICA By SUSAN C. MONTPON Attorney -in -Fact N r M STATE OF CALIFORh Nuor 55. COUNTY OF RIVERSIDE On -September 30, 2003 ,bc,oreme, R. 5tandley PERSONIALLYAPPEARI=D Susan C. Monteon , personally knoitim to me (- ptmaxd to mr. eF to be the person(4-%chose nalne;r)-o is/subscribed to the wltbin instrument and acknowl- edged to me that%she/i".j;.y executed the same in his/ herALLii1- authorized capacity, and that by Sher/ `+-et-signaturE4fsTon the instrument the person(s), or the entity upon behalf of which the persoi*+acted, executed the instrument. WITNTESS rn)► hand and official seal. Signature. OPTIONAL R. STAtMEY #1253272 �iAFCY Pt113L1C . CAL1f0Rx1A t1 r RyVeRS1of: CQUIiiY my Comm. Falf'1r*s .funs 7, 2004 This aren far O f1clal MoInA71 Srnt Though the d2la 6efow 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 ❑ IUDIVtDUAL ❑ CORPORATE OFFICEF; TrIMS) ❑ PARTNER(S) ❑ I_IrA1TED ❑ A170RNEY-IN.FACT ❑ TRUSTEE(S) ❑ GUARDIAMCONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NAME GIB PERSQ;(S) OR ENTITYIIES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT . SIGNER(S) OTHER THAN KAMED &OVE IT-W-1 t""' 6/9.4 ALL-PURPOSE ACICI`'OWLL-DOLcMENT POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA 3 BROOKLYN AVE NE OF ATTORNEY kTTCE, WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seattle, WA 98105 No. 9906 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint Q MO%MOX- R ���QiiiriiWipiiif�Mhiii NipitiHiiiiipii4pipiNpiiii Nils• 8s true and lawful attomey(s)-in-facL Wth full authority to execute on behalf of the company fidenty and surety bonds or undertakings and other doasrlents of a similar character Issued by the em parry In the course of Its business, and to bind FIRST KATiONAL INSURANCE COMPANY OF AMERICA thereby as f i y as ff such instrurnents had been duly executed by Its regularly elected offioem at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 9th day of April 1999 RA. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that Purpose by the officer In charge of surety operations, shaft each have authority to appoint Incfddduals as a8nmeys4U4act or under other appropriate tithes with e,uthorty to execute on behalf of the company fidelity and surety bonds and other doaurnerft of similar character Issued by the cornpany In the course of Its business.: On any Instrument making or evidencing such appointment, the signatures may be a!fbmd by facsimile. On any khsbwwnt conferring such authority.or on any_ bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affib ed or in any other manner reproduced; provided. however. Mal the seal sha7 not be necessary to the varrcity of any such instrument or undertaking.* Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28.1970. "On any certi icate execrated by the Secretary or an assistant secretary of the Company se"Jng out, (1) The provisions of Article V, Section 13 of the fay -Lawns, and (10 A copy of the powerof-athmey appointment; execrated pursuant thereto, and PH-) Certifying that said power -of -attorney appointment Is In full force "effect . the signature of the cortil ft officer may be by fac3bn4a, and the seal of the Company may be a tacsimite Voreof." 1, R.A. Pieson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the Sy -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the BY4L , the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set rrry hand and Vbmd the facsimile seal of said corporation SEAL 192a s this 30th day of September 1 2003 . RA. PIERSON, SECRETARY S-10491FNEF 7198 41=9 POF V V RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AWARD OAKVIEW SKATE PARK PLAZA IMPROVEMENT PROJECT, CC-1216 COUNCIL MEETING DATE: I October 20,2003 RCA ATTACHMENTS STATUS Ordinance wlexhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if a licable Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Sign e d in full !y the gLtX A ttom yj Attached 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 a licable Not Applicable Staff Report If a licable Not Applicable Commission, Board or Committee Report If a licable Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORYYARDED Administrative Staff V-1 Assistant City Administrator Initial CitV Administrator initial City Clerk J RCA Author. D. Erdman coo. 6, Council/Agency Meeting Held: 3 ' rredlContinued to: ZArpro a ❑Co�IyA . ❑ ent- City Clerk's Signature Council Meeting Date: May 19, 2003 Department ID Number: CS03-020 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION 0 �- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS - SUBMITTED BY: ss .. RAY SILVER, City Administrator `- . . `�N - PREPARED BY: ` ROBERT F. BEARDSLEY, Director, Public W JIM B. ENGLE, Director, Community Servic sr DAVID BIGGS, Director, Economic Develop nt SUBJECT: AWARD OAK VIEW SKATE PARK PROJECT CC #1216 [Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids for the Oak View Skate Park were received and opened publicly on April 15, 2003. Staff is recommending award of the contract to Cora Constructors, Inc., the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $75,000 from Community Development Block Grant Funds (CDBG) fiscal year 2001/2002, account #86486001.82000, were received for design and construction. Of this amount, $62,750 remains for construction. The additional $96,750 is from CDBG Unprogrammed Fund account #86480303.82000. Recommended Action: Motion t 1. Accept the lowest, responsivetresponsible bid made by Cora Constructors, Inc. for the base bid amount of $145,000; 2. Authorize Mayor and City Clerk to execute construction contract with Cora Constructors, Inc. in substantially the same form as the sample construction contract; and 3. Authorize the allocation of an additional $96,750 from Community Development Bloc* Grant Unprogrammed Funds. Alternative Action(s) : Direct staff not to move forward with the project at this time; refer the project back to the consultant for redesign to the original fund limit, which would reduce the size of the skate park by at least 50 percent and delay completion by six months in order to redesign, plan check, and rebid. Analysis: In 2001, the Community Services Department received a Community Development Block Grant (CDBG) for the design and construction of a skate park at the Olik View Center, which fails within the Oak View Enhancement Area. Public Works is assisting the Community Services Department in the administration of this project. The plan calls for 6 E -(� REQUEST FOR COUNCIL ACTION MEETING DATE: May 19, 2003 DEPARTMENT ID NUMBER: CS03-020 7,000 square foot facility designed for beginner and intermediate skaters to be constructed within Oak View Park. The project was actually initiated by youth residing within the Oak View community. They approached the city requesting funding for the project On March 3, 2003, City Council authorized the advertisement for bids and on April 15, 2003, bids were opened. The bids are summarized below in ascending order: Bidding Contractor Bid Amount Cora Constructors, Inc. $145,000 4-Can Engineering, Inc. $159,488 Malibu Pacific Tennis Courts, Inc. $194,900 The lowest, responsible bidder was determined to be Cora Constructors, Inc. Their bid of $145,000 was nearest to the original estimated budget, which was based on the engineer's cost estimate. Because the project exceeds the original estimated budget, staff is requesting an additional appropriation of $96,750 from CDBG to cover the shortfall on construction costs. The Citizen Participation Plan (CPP) for the Huntington Beach Consolidated Plan, adopted by City Council in 1996 and approved by the U.S. Department of Housing and Urban Development (HUD) gives "highest priority" for consideration of reprogramming funds to city projects such as housing programs, public facilities, public improvements, and public services. The CPP requires that existing projects needing more than $50,000, but less than $100,000 in additional CDBG funding shall require approval of City Council, but not a publid hearing. Staff recommends moving forward with the project as designed in order to complete., it for this summer. Community Services Commission: The Community Services Commission reviewed and unanimously approved the conceptual plan for the skate park on June 12, 2002. Public Works Commission: The Public Works Commission reviewed and approved this project on February 19, 2003 by a vote of 6-0-1 (Commissioner Johnson absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s): RCA Author. DID (City Council) Approved Alternative Action by Rejecting Bid and Not Awarding Construction Contract Submitted by Cora Constructors, Inc. for Oak View skateboard Park Project; CC-1216 (Oak View Neighborhood Enhancement Area) — Denied Transfer of Funds G:1RCA12003103-020 Oak View Skate Park Cora Constructors-doc -2- 511212003 9:19 AM ATTACHMENT #1 il FEDERALLY FUNDED COMIMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON 13EACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORD; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 4 4. COMA IENCEMENT OF PROJECT 5 5. TIME OF THE ESSENCE 5 6. CHANGES 5 7. NOTICE TO PROCEED 6 S. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLADJS 12 18. INDEMMFICATION, DEFENSE, JIOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 14 22. NOTICE OF THIRD PARTY CLAIM 15 23, DEFAULT R TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 16 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 09 V FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Pace No. 32. LEGAL SERVICES SUBCONTRACTING PROIHBFrED 18 33. ATTORNEY'S FEES 19 34. INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 20 37. CONSENT 20 38. COMPLIANCE 11TITI APPLICABLE REGULATIONS 20 39. MINIMUM WAGES 22 40. PREVAILING WAGE LAW 25 41. WIlTIIIOLDING 25 42. IIEALTII AND SAFETY 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 27 44. APPRENTICES AND TRAINEES 27 45, PAYROLLS AND BASIC RECORDS 29 46. WIT IIIOLDTNG FOR UNPAID WAGES AND LIQUIDATED DAMAGES 32 47. SUBCONTRACTS 32 48. FEDERAL PARTICIPATION 32 49. DAVIS-BACON ACT 33 50. DISPUTES CONCERNING LABOR STANDARDS 33 51. CERTIFICATION OF LIABILITY 33 52. DISCRIMINATION, NUNORITIES, ALIENS 34 53. EQUAL EMPLOYMENT OPPORTUNITY ..34 54. COPELAND "ANTI -KICKBACK" ACT 35 55. CONTRACT WORK IIOURS AND SAFETY STANDARDS ACT 35 56. LNIPLEINIENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION POLLUTION CONTRACT ACT ..36 57. ENERGY CONSERVATION ..37 58. HOUSING AND URBAN DEVELOPMENT 37 59. SUBCONTRACTS 37 60. CONTRACT TERNSINATION; DEBARMENT 38 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 38 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 38 63. ENTIRETY 39 2 L FEDERALLY FUNDED CONfMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20` . by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Fluntington Beach; and The PROJECT to %bich the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the dousing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by FIUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- 32=C!r(WM%,rC&-M1 MAI ".4 1 V U income persons, particularly persons wfio 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. STATEXIENT OF NVORK�-ACCEPTANCE_OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: _PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in agr=TriwmxTc -mT Mill "3 2 this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Slmcifications for Public Morks Constnrcrion, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; agroa'G"m&'ralk-mI Mill "3 3 U E. Bid documents including the Notice inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DM), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its olAm risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict here"ith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ }, as set forth in the Contract Documents, to be paid as provided in this Agreement. sUrwT1w,s ,xk-m1 ctxa; 4-03 4 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (14) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within (!_) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writin- by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work ,Qrccrvm..wacftr crx;13 4.03 5 V necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes %-.lthout the prior written order or acceptance of DPUI, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the vvork shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price %%till be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No wmk, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following tvra (2) bonds approved by the City Attorney: One in the amount of one hundred percent (1001/o) of the Agreement price to guarantee the CONTRACTOWs faithful performance of the work, and one in shoe r rm*%ru ml CM111 "3 6 V the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year afier CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. 1NlDFPFNDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its o%%n cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection «ith the PROJECT and/or the services performed hereunder. It. LIQUIDATED DAMAGESMFLAYS 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 %�,ithin the number of calendar days as set agr=1r4wMis,rwM1 CDC11; ".1 7 r Q forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CON TRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in %witing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work - by the act, n:glect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or M U other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY Kithin fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR- 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of. (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to %York of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the %vork under this Agreement, acrCQ!r1VM% 0&-M1 Mill 4-03 9 U U whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARMIONS IN ESTIMATED QUANTITIF,S The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of The PROJECT, in accordance %ith the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, %%ben warranted by the facts and circumstances, order an equitable adjustment, upwards or down"-ards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. agroc'&�rrnx'fcdcyal C1XM 4-03 10 k.01 v 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10°/6) %rill be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands dra%km in the manner required by law, each payment to be accompanied by a certificate signed by DPIA', affirming that the work for which payment is demanded has been performed in accordance lAith the terms of the Agreement and that the amount stated in the certificate is due under the terns of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15, %?4TT1 IELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the aercc/fixms'rc&-m1 CM13 4-03 11 U kj substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DP%V its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. 'INDEN1NIFICATION, DEFENSE. TIOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, hoAvver caused, including those resulting from death or injury to CONiRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active &ero0Gxm%'ro&aa1 (UP13 4-03 12 or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The polity limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 el seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits_ CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employers liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering aaroeAwma Tu mi Mill4-03 13 the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection %ith the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that 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. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1 _ provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. asr=T.vm�'rx16m1 CDG13 443 14 V CONTRACTOR shall maintain the foregoing insurance coverages in force until the,work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OFTFIIRD PARTY CLAIM Pursuant to 11uhlic Contracts Cock §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice ,ar=rr(W,,,x 'rCx1Mi clX113 ".1 15 v 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 wfiich the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section w-as wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7'/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS. FSTIMATFS AND OTHER DQCUMF.NTS CONTRACTOR agrees that upon completion of the work to be perfonned hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26rM'G,., %T0&n1 Clxi13 W.; 16 2& NONASSTGNABILTTY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the Calrfamia Gairrnraenf Coda. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any sirnilar legal document. This obligation shall be provided for in the labor and materials payment bond rewired of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate *Srw'fixm%'fmk-m1 CIMB "3 17 V different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 30. SECTION IiF,ADINGS TO CONTRACTOR: The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalimition laws of the United States and shall, in particular, comply with the provisions of United kalcs Cmle Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROfITBTfED 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 Iiuntimnon Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agnx/fckmt'fadr.-ml C1Xill "3 1$ CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FFF.S In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its owm attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. MERPRF,TATION OF THIS AGRFENIF,NT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. agrcefixmq!Fv&-m1 CDGB 4413 19 35. GOVERMNGLAw This Agreement shall be governed and construed in accordance with the laws of the State of Califomia. 36. DUPLTCATF ORTGTNAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of %4hich so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Wiere CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICARI_F, REGULATIONS. The parties to this Agreement agree to comply with TILD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or «porker'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, ,grcermm? redMi rzx;i; "3 20 shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the persons taking applications for each of the positions. and the anticipated date the work shall begin. CONTRACTOR agrees to include: the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor wfiere CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) Mth 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 v%1th HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future IIUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts .Qruerwm, rc,,mi rIx:13 4-03 21 and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 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 ,gFUer<W,. 'rWMl eax,B "3 22 U U 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 --vork is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Da-.ris-Bacon poster (WI1-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place wfiere it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and flour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized agr=1 iwmaTfa$-ral C1X;B "3 23 representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or wzl[ notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify IIUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of agrcelormat-Aml CIXP13 4-03 24 U any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 12I5-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of blousing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. X1,11THIOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, %-.bich 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 ,gam Awms'rcdLn1 CWH 4-03 25 V wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or %vorking on the site of the %work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, fIUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract '"fork flours and Safety Standards Act (Public Law91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action «ith 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. errcer&wma'rcdcn1 CWPII .!-ll3 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices wrill be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. V4'here a contractor is performing construction on a project in a locality other than that in wfiich 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. agroefiwmi'rximi CIMH "3 27 U 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 prodded 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 MgrM!r4W,.r�.%k-M1 cJxa; ".3 28 the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount agrw, lbrmsifu eel (I)(113 4-03 29 V of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records Wtich 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 %khich 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 ZVianagement and Budget under OXIB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or o%,mer, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under ONiB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance:' signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the foilwAing: attm ' ims r Tal CIX;II 443 30 V That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WIT-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(10(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 100I of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, .rrmrwm.>rl cix.�a a-n; 31 t� v failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 46. MM-11I01.DTNG FOR UNPATD WAGES AND LIOUIDATED DANIAGFS. TIUD 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 Flours 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 dama;es as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor Mth the clauses set forth in Section 44. 48. rEDFRAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, ssrcerwm%*&-Tni Mill 443 32 U U rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, e1 seg.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and I IUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELTQIBiLI'TY, By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Govemment contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR ,r.=r,W+.r0&-MI CIXIII ".1 33 V Q 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for malting 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 trio years, or both." 52. DISCRIMINATION, MINORITIES. ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply -Aith all provisions of Executive Order 11245, 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 Aich 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. agrWrorm. r uml C.Ixin .w3 34 V Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City %with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 55. CONTRACT WORK IFIOURS AND SAFFTY STANMARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the «saes of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work .gr='rw,--,r,&mi M0144.1 35 L V in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under -working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. guards. As used in this section, the terms "laborers" and "mechanics" include watchmen and 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, :Qr=!r(wwLr«k ai CDO13 443 36 V V indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et 58. HOUSING AND URBAN DEVFLOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. ,a.0C4.WM.-Tbd6aat C[Xill "3 37 U U 60. CONTRACT TFRNITNATION: DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 C#~R 5.12. 61. COMPLAINTS, -PROCEEDINGS_ OR TF,STINIONY BY EMPLOYEES. No laborer or mechanic to idiom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated aiminst by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CONTRACT Lb'ORti HOURS AND _SAFETY STANDARDS _ ACT - OVFRTIMF REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work %bich may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, Abichever is greater. .g.corRw,wT&xk-mi ciMn "3 39 U U B. Violation,• LiabiliMfor Unpaid Wages: Liquidated Dama=. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. FNTiRI~TY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement I freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or cWTt; 443 39 U Lj warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS MHEREOF, 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: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: print name ITS: (circle one) Chairman/1'resident/Vice President City Clerk AND By: print name ITS: (circle one) SecretaryXNef Financial OfficerlAsst. Secretary - Treasurer REVIEWED AND APPROVED. - City Administrator svrcefA m1gTWm1 Mill 4413 40 APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public'Works ME V RCA ROUTING SHEET INITIATING DEPARTMENT: Community Services SUBJECT: AWARD OAK VIEW SKATE PARK PROJECT CC #1216 COUNCIL MEETING DATE: I May 19, 2003 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 Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance LApproved by the a Attome Not A licable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If a licable Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Appykable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial Ci Clerk )r— EXPLANATION FOR RETURN OF ITEM: RCA Author. DD REQUEST FOR COUNCIL ACTION MEETING DATE: May 19, 2003 DEPARTMENT ID NUMBER: CS03-020 On March 3, 2003, City Council authorized the advertisement for bids and on April 15, 2003•, bids were opened. The bids are summarized below in ascending order: . Bidding Contractor Bid Amount Cora Constructors, Inc. $145,000 4-Can Engineering, Inc. $159,488 Malibu Pacific Tennis Courts, Inc. $194,900 The lowest, responsible bidder was determined to be Cora Constructors, Inc. Their bid of $145,000 was nearest to the original estimated budget, which was based on the engineer's cost estimate. Because the project exceeds the original estimated budget, staff is requesting an additional- appropriation of $96,750 from CDBG to cover the shortfall on construction costs. The Citizen Participation Plan (CPP) for the Huntington Beach Consolidated Plan, adopted by City Council in 1996 and approved by the U.S. Department of Housing and Urban Development (HUD) gives "highest priority" for consideration of reprogramming funds to city projects such as housing programs, public facilities, public improvements, and public services. The CPP requires that existing projects needing more than $50,000, but less than $100,000 in additional CDBG funding shall require'approval of City Council, but not apublic hearing. Community Services Commission: The Community Services Commission reviewed and unanimously approved the conceptual plan for the skate park on June 12, 2002. Public Works Commission: The Public Works Commission reviewed and approved this project on February 19, 2003 by a vote of 6-0-1 (Commissioner Johnson absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s)• RCA Author: DID GARCA12 M03-020 Oak View Skate Park Cora Constructors-doc -2• 5/61200311:59 AM CouncillAgency Meeting Held Nh-ql-03) f.`� r ,-- pe Deferred/Continued Itproved O Conditionally Approved El Denied Council Meeting Date: March 3, 2003 G City Clerk's Signatur Department ID Number: PW 03-012 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS v SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: AOBERT F. BEARDSLEY, Director of Public Work { DAVID C. BIGGS, Director of Economic Develo ent JIM ENGLE, Director of Community Service n SUBJECT: AUTHORIZE ADVERTISEMENT FOR OAKVIEW SKATE PARK PLAZA IMPROVEMENT PROJECT, CC-1216 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications are in final preparation for the Oakview Skate Park Plaza Project, CC-1216. Authorization to advertise the project is requested. Funding Source: Funds in the amount of $62,750 from Community Development Block Grant (CDBG) FY 2001/2002 in Account #86486001.8200, and $27,250 from the Park Acquisition and Development Fund in Account #20945101.69300. Note: The city is also in the process of applying for a Tony Hawk Foundation Grant for up to $25,000 to supplement this funding. Recommended Action: Motion to: Approve the project plans and specifications, and authorize the Director of Public Works to request bids for Oakview Skate Park Plaza Improvement Project, CC-1216. Alternative Action(s): Direct staff to not move forward with the project at this time. This action may result in the forfeiture of unencumbered CDBG funding. Analysis: In 2001, the Community Services Department received a Community Development Block Grant (CDBG) for the design and construction of a skate park at the Oak View Center, which falls within the Oak View Enhancement Area. Public Works is assisting the Community Services Department in the administration of this project. The plan calls for a 7,000 square foot facility designed for beginner and intermediate skaters to be constructed within Oak View Park. The project was actually initiated by youth residing within the Oak View community. They approached the city requesting funding for the project. Plans and specifications are in final preparation and staff now requires permission to advertise for bids. f -5, �UEST FOR COUNCIL ACTiOTV MEETING DATE: March 3, 2003 DEPARTMENT ID NUMBER: PW 03-012 The project will be funded with a combination of CDBG and Park Acquisition and Development funds. Community Services originally requested $90,000 from CDBG, but received an allocation of $75,000. The Park Acquisition and Development Fund will provide the balance of project costs. The engineer's estimate for the project is approximately $90,000, however, actual construction costs will be determined by the bid amounts. Staff has also applied for a Tony Hawk Foundation Grant for up to $25,000 to supplement the cost of this project. Should the grant be received, detailed funding alternatives will be presented to the Council upon award of the contract. Community Services _Commission: The Community Services Commission reviewed and unanimously approved the conceptual plan for the skate park on June 12, 2002. Public Works Commission: The Public Works Commission reviewed and approved this project on February 19, 2003 by a vote of 6-0-1 (Commissioner Johnson was absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s): RCA Author. D Erdman:jm 03-012 March D3 Erdman (Oakvlew Skate Park) -2- 2/2412003 12:43 PM N so ATTACHMENT #1 m oh s.x:1=:R_3 .�, ATTACHMENT #2 �CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: Ray Silver, City Administrator From: Clay Martin, Director Of Administrative Services Subject: FIS 2003-22 — Authorize Advertisement for Oakview Skate Park Plaza Improvement Project, CC-1216 Date: February 19, 2003- As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Authorize Advertisement for Oakview Skate Park Plaza Improvement Project, CC-121E". If the City Council approves this request there will be no effect on any fund's unappropriated fund balance because all amounts are covered by an new grant revenue and/or existing appropriations. Clay Marts Administrative Services kw--j W RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR OAKVIEW SKATE PARK PLAZA IMPROVEMENT PROJECT, CC1216 COUNCIL MEETING DATE: I March 3, 2003 RCA ATTACHMENTS STATUS Ordinance w/exhibits & le islative draft if a licable Not Applicable Resolution w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed /n fullby the gLtZ Afforne Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Afforne Not Applicable Certificates of Insurance CApprovedpX the C/ Affome Not Applicable Financial Impact Statement Unbud et, over $5,000 Attached Bonds if applicable) Not Applicable Staff Report If applicable Not Applicable Commission, Board or Committee Report if applicable) Not Applicable Find in g s/Conditions for Approval and/or Denial Not Applicable 'EXPLANATION FOR MISSING ATTACHMENTS % REVIEWEQ RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author. D. Erdman REQUEST FOR LATE SUBMITTAL (To accom an RCA's submitted after Deadline Department: Community Serivices; Public Works; Economic Develo ment Subject AUTHORIZE ADVERTISEMENT FOR OAKVIEW SKATE PARK PLAZA IMPROVEMENT PROJECT, CC1216 Council Meeting Date: 313103 Date of This Request: 2120f03 REASON (Why Is this RCA being submitted late?): This RCA is being submitted in order to meet the construction deadline for the project. The RCA could not be submitted on the deadline of February 19 because the Public Works Commission did not meet until Wednesday ni ht 2119 . EXPLANATION(Why Is this RCA necessag to this agenda?): The RCA Is necessag to this agenda to meet the prolect completion timeline. CONSEQUENCES How shall delay of this RCA adversely impact the Ci ? : The city has Informed the Oak View neighborhood residents that the skate park would be complete In June 2003. Delaying City Council action would prohibit staff from meeting this deadline. S-Approved 0 Denied Ray Silver City Administrator Ranuaat for RCA Lata Suhmittal 2-03.doe 07114194 clakvteta SkCkc. ?c4r.-k plctzq CC- lz 16 BID DATE: TIlVIE Z : �gm Engineer's Estimate: $ cl 4 , ,ScD BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT i. oraTh K�rffIkC, e r5 $ 1 5, 000. 2. 4-bk6aifte-/(rin(An(, o2,- $ 3. h A $ C'/' ) w7r 4. $ 5. $ 6. $ 7.' $ 8. $ 9. $ 10. $ 11. $ 12. $ 13. $ 14. $ 15. $ !3UiNrrNGL"" I C ei, M E A' ACCOUNT #: may substitute an es- crow f haler s CLIENT REFERENCE #: t#Xyth I retention in accordance with the provisions of' the California Govern— INDEPENDENT REFERENCE #: ment Code, Section . 4590. The Contractor shall be beneficial owner of the surety and shall• receive any interest - thereon. The AGENCY hereby affirmatively 'ensures SECTS , that minority business T Ilia' enterprises wimll be afforded full opportunity INVIIIN,SEAIED, IDS to submit bids in re- I 1111,16 sponse to this notice - not c�m� atedaganstdis-onCOAME SUTEPM APING OF YOUR AD FROM THE FIRST SKATEPUIZA the basis of race, color, national origin, ancestry, CASH CONTRACT No. 1216 sex, or n i religion any consideration In n to r IB1he I� AND EXPIRING ON Al JC3 . CITY OF the award of contract. No bid shall be con- HUNIINGTONBEACH sidered• unless it is prepared on the pp- PUBLIC NOTICE IS ( HEREBY GIVEN that the IANGES OR CORRECTIONS PLEASE CALL proved Proposal forms . CITY -OF HUNTINGTON in conformance with the BEACH, as AGENCY, Instructions to Bidders. invites sealed bids for_ The bid must • be ac- companied by a certified -i 'projects check, cashier's check, and will receive such bids in the office or bidder's bond made of the City Clerk, Second payable to the AGENCY }Floor, 2000 Main Street,DN WILL BE $� for an amount no less Huntington Beach, Cali= fl than 10% of the amount fornia.92648, up to the, bid. The successful hour of 2.00 PAI on. bidder shall be licensed April 15, 2005. Bids in accordance with ION AND PATRONAGE. Ir provisions of the Busi- will be publicly opened pros and Professions in the Council Chambers; unless otherwise posted. Code and shall possess Copies of the Plans,; a State Contractor's License Class at the. pecifications, and, contract time of the bid opening. documents are-ERELY the Office: fromor The successful Con- availableDirect of the Director of Public: tractor and his sub- Works, 200 Main! contractors • will be t teeet, Huntington required to possess each, CA 92648, upon business licenses from payment of a s25.00 the AGENCY. nonrefundable fee if;AEL SLETTEN The AGENCY reserves Picked up, or payment, the right to reject any the of a $35.00 nonrefund-\L ADVERTISING REPRESENTATIVE all bids, to waive any able fee if mailed. irregularity and to take This is a Davis -Bacon all bids under advise- project and the Federal ment for a maximum Regulations will be period of60days. enforced. Any contract BY ORDER of the CITY entered into pursuant to COUNCIL of the CITY OF this notice will incor- HUNTINGTON BEACH, the provisions of the CALIFORNIA, the 3rd day the Labor the of March2003. Attest: Connie Brock- Standards, which are on way, CITY CLERK OF file at the office of the Director of Public Works, THE CITY ' OF HUN- 2O00 Main Street, Hun - TINGTON BEACH tington Beach, CA 92648. Published Huntington The AGENCY will de - Beach Independent duct a 10% retention arch 20, 27, April 3, March from all progress pay-; 032-26 ments. The Contractor 3 - '. Mesa, Callfomia 92627 ,x (949) 646-5008 Publication of Tmes Community News • A Division of the an Angeles Mimes PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) 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 issue of said newspaper to wit the Issue(s) of: - March 20, 2003 March 27, 2003 April 3, 2003 declare, under penalty of perjury, that the foregoing is true and correct. Executed on zoo 3 at Costa Mesa, California. Signature consideration leading to the award oI Contract. .NOW No bid shall be can. e S®jS 'sidered unless it is :prepared on the sp- pproved Proposal forms 0Aw'W In conlofmance with the Instructions to Bidders. (M(OjfWIN11.1214 The bid must be ac- companied by a certified lor III *A check, Cashier's check. my Of bidder's bond made payable to the AGENCY INsua for an amount no less PURiIC -NOTICE "j5 than 10% of the amount bid' . The successful HIEREBY GIVEN that the bidder shall be licensed CITY OF HUNTINGTON accordance with SfACH, as AGENCY, provisions provisions of the invites sealed bids for lions Cass and Professions the above -stated possess Code and shalt possess projects and will receive a- State Contractor's such bids in the office a Class at the of the City Clerk, Second time of the bid opening. ti of Floor, 2000 Main Street, The successful Con- Huntin on each. Cali- � tractor and his sub- lornia 9264a3. up to the contractors will be hour of 240 Pao on required to possess. ZIt 15, 2003. Bids business licenses from writ be publicly opened the AGENCY. In the Council Chambers The AGENCY reserves unless otherwise posted. the right to reject any Copies of the Plans, or all bids, to waive any Specifications. and irregularity and to take Contract documents are all bids under advise. available from the Office meat for a maximum of the Director of Public period of 60 days. Works,- 2000 Main BY ORDER of the CITY Street- Huntin2110n ' COUNCIL of the CITY OF Beach, CA 92W. upon HUNTINGTON BEACH, payment of a ;25.00 CALIFORNIA, the 3rd day nonrefundable fee if of March 2003. i picked up. or payment Arrest: Cewnle Brock - of a ;35.00 nonrefund- y aye CRY CLERK OF able fee If mailed. THE CITY OF HDN- This Is ■ Davis -Bacon TINGTON BEACH project and the Federal Published Huntington ' Regulations will be Beach Independent enforced. Any contract ' March Z0. 27, April S. entered into pursuant to `2003 032.264 this notice will incor- pwate the provisions of the Federal Labor Standards, which are on the at the office of the Director of Public Works, 2OW Main Street, Hun- tirylton Beach, LA 9ZG48 The AGENCY will de- duct a 10% retention from all progress pay- ments. The Contractor may substitute sit es- crow holder surety of equal value to - the retention in accordance with the provisions of the California Govern- ment 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 le- sponse to this notice and will not be dis- criminated against on the basis of race, color, national origin, ancestry, sax, or religion In any IN Ross, Rebecca From: Ross, Rebecca Sent: Monday, March 17, 2003 9:00 AM To: CITY CLERK Subject: Bid Opening Good Morning! This is to notify you of a bid opening: • April 15, 2003 • CC-1216 • Project: Oakview Park Skate Plaza • 2:00 p.m. opening • Council Chambers Thanks, Rebecca F� CITY OF HUNTINGTON 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockway To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 1• 'i Y +, BE.ACH.! 1 o HUM I� _, 3'G:'1 E EACH, CA 1003 MAR ( ? P !: 2q. Fax (714) 374-1573 Date: March 12.2003 Project/C.C: No.: C.C. No. 1216 Regarding: Oakview Skate Park ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: -❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice lnvitino Sealed Bids Item .# . Co ies P es -: Descri tion 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For reviewicomment ❑ Other: Remarks: On March 3, 2003, the City Council authorized the advertisement of the Oakview Skate Park Project, CC1216. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for the following three (3) days; 3/20, 3/27, and 4/3 with a bid opening on 4/8. Please contact me at extension 5247 with any questions you may have. c: By: m Qn T "A d Broussard, Principal Civil Engineer GACONSIRUMON C0MVWB (CCS)\CC1216\TR4NST0CIERR1216MW V SECTION A NOTICE INVITING SEALED BIDS for the OAK\'IEW PARK SKATE PLAZA CASH CONTRACT No. 1216 in the CITY OF IIUNTINGTONN BEACII PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites seated 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 April 15, 2003. 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 $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidders bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A-1 E y� The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 3rd day of March 2003. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH M2 PROOF OF PUBLICATION STATE OF CALIFORNIA) . ) ss. COUNTY OF ORANGE ) 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 issue of said newspaper to wit the Issue(s) of: September 18, 2003 September 25, 2003 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ September 25 , 2003 at Costa Mesa, California. (:: 070 �Z , � .y , � Signature SM A NOW LMV MO SEALED BIDS far the OARVIRW PARR SIGH RM GSN CONTBAQ no. 1216LathaCIIYOF NUNMOTON BEAD PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 2:00 PM on September 30, 2003 (Bid Opening has been extended from Sep- tember 9, 2003) Bids will be publicly opened 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 $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefund- able fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incor- porate the provisions pf the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Hun- tington Beach, CA 92648. The AGENCY will de- duct a 10% retention from all progress pay- ments. The Contractor may substitute an es- crow holder surety of equal -value to the retention in accordance with the provisions of the California Govern- ment 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 re- sponse to this notice and will not be dis- criminated 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 con- sidered unless it is prepared on the ap- proved Proposal forms in conformance with the Instructions to Bidders. The bid must be ac- companied 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 Busi- ness and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Con- tractor and his sub- contractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advise- ment for d maximum period of 60 days. BY ORDER of the,CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 3rd day of March 2003. Attest: Connie Brock- way, CITY CLERK OF THE CITY OF HUN- TINGTON BEACH Published Huntington Beach Independent September 18, 25, .2003 093-678 M .1 FAX FROM: CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE • CITY OF HUNTINGTON BEACH P.O. Box 19012000 Main Street * Huntington Beach, CA 92648 . Ph. (714) 536-5227 HUNTINGTON BEACH Fax 714 374-1557 Fax #: 949-646-5008 Date: Number of Pa es(including cover page): B : 1. beputy City Clerk To: _V INTERNET ADDRESS: H.B. Independent Mike (Legals) yr ww.surfcity-hb.org Phone: 949-574-4251 *** HB 1NFOLINE. 714 374-4800 *** IVO f /e -rn V1%1 PA17A 9 Jvl�l f 3 p:Morms197tormsliazd:tsindependent U U F>1t4 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockway To: City Clerk's Office Z000 Main Street Huntington Beach, CA 92648 . Fax (714) 374-1573 Date: September 15, 2003 ProjecVC.C.No: _ C.C. No. 1216 Regarding: Oakview Skate Park ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages Including this sheet:) ® We are hand delivering: 0 Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other Notice Inviting Sealed Bids Item # Copies P22es Description 1 1 2 Notice Inviting Sealed Bids Bid Qpening Extended 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For reviewicomment ❑ other. Remarks: On March 3, 2003, the City Council authorized the advertisement of the Oakview Skate Park Project, CC1216. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for the following three (2) days; 9/18, 9,,25, with a bid opening on 9130. Please contact me at extension 5247 with any questions you may have. By:�.d ) — Tad -Broussard, Principal Civil Engineer 0:\CowsrxuciioNCoNivA'rs(CCs)\cc1216\T"Ns bpntx1216-riLAR iDW �9'u61%sh: SECTION A NOTICE INVITING SEALED BIDS for the OAKVIE«' PARK SKATE PLAZA CASH CONTRACT No. 1216 in the CITY OF If UNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTO`T BEACII, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on September 30, 2003. (Bid Opening has been eetended from September 9, 2003) 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 S25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, I Iuntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a A-t • � V certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 3rd day of March 2003. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-Z TRANSMISSION VERIFICATION REPORT TIME : 09/15/2003 14:26 DATE DIME 09/15 14:25 FAX NO./NAME 919496465008 DURATION 00:00:50 PAGE(S) 03 RESULT OK MODE STANDARD ECM 10�' City of Huntington Beach Oakview Skate Park HUNTINGTON BEACH Cash Contract N: 1216 Did Date A Time : September 9, 2003 2:00 P.M. Engineer's Estimate: $60,000 913o/a cox BIDDER'S NAME RANK TOTAL BID AMOUNT 0—r6? 2. 3. 4_ 5. 6. 7. 8. 9. 14. 11. 12. 13. 14. 15. C.) Z U _7 cc: Q Jw�w t m ;,U}Z J} �)CD `+ 7C 2 x CITY Y CLERK CITY OF HUNTINGTON BEACH, CA �QQ3 SEP r g P 1' S b O (V Li Cr 1 Q L" r.-Vv' ge 00 :Z d b,. d3S (001 V3'HOd38 N019NIINnH AO AM fly f;1'7`l�>1 C w rn -a 1 n MCITY OF HUNTINGTON BEACH xWMLxY Kx TO: DEPARTMENT DATE ❑ For your approval. ❑ Per your request. ❑ For your signature. ❑ For your information. ❑ Take appropriate action. ❑ Prepare reply for my signature. ❑ Return with more details. ❑ Answer. ❑ Investigate and report. ❑ Note and return to me. ❑ Note and see me about this ❑ Note and file. Please call: TELEPHONE Mr. Mrs. Miss TIME CALLED DATE CALLED TELEPHONE NO. MESSAGE FROM: DEPT. TRANSMITTAL AND TELEPHONE SLIP V INELLO LU CITY CLERK CITY OF HUNTINGTON BEACH, CA 1003 SEP ' 9 P 2- 0 b V U PROOF OF PUBLICATION STATE OF CALIFORNIA) . )Ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a -.�iib - bid* •." : The AGENCY hcretiy ensures affirmativelyrbusiness resident of the County aforesaid; I am Qn� enterprises wit! be afforded full opportunity, over the age of eighteen years and not a 1 , rtl>lLJt - �GiOOTJC1 _he to submit bids in i e :adnswill tonot r , party to or interested in the below entitled EN that NTRTIJY GJ11Eff that the CITY Of NUN11kGit)N 'as be d s- eriminaled against on the basis BEACH, AGENCY, of race, color,. matter. I am a principal clerk of the invites scaled seinatL, r.teligionn. i ores. in HUNTINGTON BEACH INDEPENDENT, station the above -•staled -projects and will receive such bids in the office or.religion any any leading to theaward She award of contract. a newspaper of general circulation, 'of the City OLI Clerk, Second Floor, 20u0 Main Street, de bid shall be roI sisered unless it is printed and published in the City of Huntington Beach, Cali •lornia 91648. up to the prepared • on the ap. proved Proposal forms in the hour of 2:00 p m. on conformance with { Huntington Beach, County of orange li ly opJ. Bids be open in be The Instr bid must bed sic- r State of California, and that attached will publicly will publicly e Council Chambers companies hi a certified check, cashier's check. v Notice is a true and complete copy as unless otherwise posted. u Copies of the Plans, Specilications,.•and or bidder's bond made Payable to the AGENCY for was printed and published in the contract documents are" available from the Office an amount no less than 10% of the amount bid. The of the Director of Public successful Huntington Beach issue of said Works,. Hunts Mal Street. •HunlinEton! bidder shall n licensed in accordance with newspaper to wit the Issue(s) of: Beach, 9zti4& upon S25.Ol1 Provisions of role ness and .PFofossionsiuns paymentt of a nonrefundable fee If Code and shall possess picked up, or payment a State Contractor's of a SWDO nonrtfund License Class ,at, the able fee if mailed via time of the bid opening. U.S. Postal Service. The successful Con - Au August t 14 2003 g FedE;t, UPS or any other detiveryservice..- - tractor and , his sub, contractors will be August 21, 2003 This is a Davis -Bacon project and the Federal required to possess business licenses from August 28, 2003 Regulations will be enforced. Any •contract the AGENCY" • . theAGENCY reserves to ` entered into pursuant to this notice will incoF- 8 reject any or all bids, to waive any potato the the provisions of Irregularity and t0 take the Federal Labor all bids under-pdvi"i Standards, which are on merit for a maximum file at the office of the periodof60days. declare, under penalty of perjury, that Director of Public works,; 20DO Main Street, Nun-i'COUNCIL BY ORDER of the CITY of the CITY OF the foregoing is true and correct. tinglon Beach, CA 9NAS The AGENCY will de-y CALIFORNIA.'HUNGTON he 3r BEACH. da March 2D03, duct a 10°6 retention from all progress pay- of A"esti Canals Breik- rFrenis, - The Contractor wonr CITY 'CLERK OF Executed on 2003 may substitute an es- crow holder surety of TNG CITY OF HUN- T P BEACH t equal value to tilt blithed Huntington is Costa Mesa California retention In accordance Beach Independent Au- at � . with the provisions of gust 14, 21.28, 2003 the California Govern- 082-548 mast ,_ Code, Section 4590. The •Contractor shall be beneficial owner of the surely and shall therooreceive,_ any .interest thereon. Signature U . J FAX FROM: CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P.O. Box 19012000 Main Street * Huntington Beach, CA 92648 HUNTINGTON BEACH Ph. (714) 536-5227 - Fax (714) 374-1557 Fax #: 949-646-5008 Date: -- Number of Pages (includin2 cover page): B De u City Clerk To: INTE NET ADDRESS: H.B. Independent Mike (Legals) www.surfcity-hb.orq Phone: 949-574-4251 *** HB INFOLINE. 7l4 374-4800 *** a ❑ I I0 1 1111 �VM41-t 0 f. 8-ty-a3 a, 8-ar-o3 glformsM7formsMax-hbindependent �J a ltt?0L-.�) X CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockway To: City Clerk's Office 2000 Main Street Nunfington Beach, CA 92648 Fax (714) 374-1573 Date: August 7.2003 Project/C.C. No.: C.C. No. 1218 Regarding: Oakview Skate Park ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages Including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Nonce Jnvitinq Sealed Bids Item # Copies Pages Description 1 1 2 Notice lnvitln Seated Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return Corrected prints ❑ For reviewicomment 0 other: Remarks: On March 3, 2003, the City Council authorized the advertisement of the Oakview Skate Park Project, CC1216. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for the following three (3) days; 8/14, 8/21, and 8/28 with a bid opening on 9/9. Please contact me at extension 5247 with any questions you may have. c: By: U ) �� 16,� Q Todd Broussard, Principal Civil trigineer GAConstau 7WN CoNIVActs (CCS)\CC 1216\TUNSrOCLMK 1216-FI 44E 1 DW 13h: SECTION A NOTICE I1\VITING SEALED BIDS for the OAKVIEIV PARK SKATE PLAZA CASH CONTRACT No. 1216 in the CITA' OF HUNTINGTOti BEACH PUBLIC NOTICE IS THEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on September 9, 2003. 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, funtington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A-1 V V" The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 3rd day of March 2003. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 TRANSMISSION VERIFICATION REPORT TIME : 08/08/2003 16:31 DATE,TIME 08/08 16:30 FAX NO./NAME 919496465008 DURATION 00:00:52 PAGE(S) 03 RESULT OK MODE STANDARD ECM (10) May 19, 2003 - Council/Agency Agenda - Page 10 E.S. (City Council) Receive and File Stipulation for Judament and Settlement Agreement In Re: Proper Compensation of Plaintiffs for At -Home Care of City Police Dogs Consistent with the Federal Fair Labor Standards Act in Purnerl Svendsbo v. City of Huntington Beach, Federal_ District Court Case No. SACV 00-361-AHS(Anx) (600.10) Receive and file Stipulation for Judgment. Submitted by the City Attorney_Funding Source: Not Applicable. Approved 7-0 E-6. (City Council) Accept Resignation of Sandra Cole and Approve Appointment of Steve Gullaae_as Resident Representative for a Term to Expire August 5, 20_05 and _Accept Resignation of Lydia Stein and Approve Appointment of Mark Porter as Citizen -at- Larne Representative for a Term to Expire August 5. 2003 on the Mobile Home Advisory Board (MHAB) (110.20) —1. Accept the resignation of Sandra Cole and approve the appointment of Steve Gullage as a mobile home resident representative to the Mobile Home Advisory Board for a term to expire on August 5, 2005; and 2. Accept the resignation of Lydia Stein and approve the appointment of Mark Porter as a Huntington Beach citizen - at -large representative to the Mobile Home Advisory Board for a term to expire on August 5, 2003, as recommended by MHAB Council Liaisons Mayor Connie Boardman and Councilmember Dave Sullivan. Submitted by the Economic Development Director. Funding Source: Not Applicable. Approved 7-0 E 7. (Redevelopment Aaencv) Receive and File Annual Report of the Huntinaton Beach E-8. Redevelopment Aaencv for Fiscal Year 2001-2002 for Submission to the State Controller (400.20) — Receive and file the 2001-2002 State Controller's Report. Submitted by the Deputy Executive Director. Funding Source: Not Applicable. (Report is submitted to the State Controller as required by §33080.1 of the State of California Health and Safety Code (Redevelopment Law"). Approved 7-0 Street (600.10) — Approve the Agreement Containing Covenants Affecting Real Property by and between the City of Huntington Beach and Joseph and Rosann Hetherington and authorize the Mayor and City Clerk to sign, execute and record. Submitted by the Planning Director. Funding Source: Not Applicable. Approved 7-0 E-9. (City Council) Accept Bid and Award Construction Contract to Cora Constructors, Inc. for Oak View Skate Park Project: CC-1216 (Oak View Neighborhood Enhancement Area) — Authorize Transfer of Funds (600.80) —1. Accept the lowest, responsive, responsible bid made by Cora Constructors, Inc. for the base bid amount of $145,000; and 2. Authorize Mayor and City Clerk to execute construction contract with Cora Constructors, Inc. in substantially the same form as the sample construction contract; and 3. Authorize the allocation of an additional $96,750 from Community Development Block Grant Unprogrammed Funds. Submitted by the Community Services Director, the Economic Development Director, and the Public Works Director. Funding Source: $75,000, Community Development Block Grant (CDBG) funds for Fiscal Year 2001/2002 for design r - � (11) May 19, 2003 - Coin c I/Agency Agenda - Page 11 and construction (of which $62,750 remains for construction.) Additional $96,750 from CDBG Unprogrammed Fund Account. Amended alternative motion, reject bids and spend $96,750 Approved 6-1 (Green No) E-10. (City Council) Accept Bid and Award Construction Contract to Sancon Engineering 11, Inc. for the Miscellaneous Sewer Lining Project, Phase II: CC-1202 (600.60) —1. Accept the lowest responsive and responsible bid submitted by Sancon Engineering II, Inc. in the amount of $690,654.20 for the Miscellaneous Sewer Lining Project, Phase II; CC-1202; and 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Submitted by the Public Works Director. Funding Source: $794,250 — Sewer Service Fund, Sewer Improvements Account. Approved 7-0 E-11. (City Council) Receive and File Library Board of Trustees Manual (950.30) — Receive and file the Library Board of Trustees Manual (see Attachment #1). Submitted by the Library Services Director. Funding Source: Not Applicable. (Receive and file as recommended by City Council Library Board Liaisons, Councilmembers Dave Sullivan and Gil Coerper.) Approved 7-0 E-12. (City Council) Approve Professional Services Contract between the Citv of Huntington Beach and the City of Fountain Valley for -the Emergency Preparedness and Disaster Planning Services of the HB Fire Department Emergency Services Coordinator (600.10) —Approve the Professional Services Contract between the City of Huntington Beach and the City of Fountain Valley for the Services of the Huntington Beach Fire Department Emergency Services Coordinator.' Submitted by the Acting Fire Chief. Funding Source: Funding for the proposed services is included in the Weapons of Mass Destruction Business Unit Account. Approved 7-0 E-13,(City Council Adopt Resolution No. 2003-34 Adopting Local Coastal Program Amendment No. 03-01 and Requesting its Certification by the California Coastal Commission (420.85) —Adopt Resolution No. 2003-34 — 'A Resolution of the City Council of the City of Huntington Beach Adopting Local Coastal Program Amendment No. 03-01 and Requesting its Certification by the California Coastal Commission." Submitted by the Planning Director. Funding Source: Not Applicable. (The resolution includes Exhibits A through R. which are available for public review in the Office of the City Clerk. These exhibits pertain to twelve zoning text and map amendments and are copies of Ordinances adopted over the last four years: Ordinance Nos. 3438; 3439; 3442; 3533; 3543; 3544; 3545; 3562; 3520 through 3532; 3517; 3553; 3568; 3542; 3563; 3594;3596, and Resolution Nos. 2002-121 and 2002-129.) Adopted 6-0-0-1 (Cook Abstained) E-14. (City Council) Adopt Resolution No. 2003-37 Approvinq the Submittal to the Oranele County Transportation Authori OCTAI of Two Landscape Enhancement Proiects Under the Transportation Enhancement Activity (TEA) Program: _0.) Beach Boulevard Frontage Parkway (Taylor Drive to Sterling Avenue) and (2.) Main Street Median (Huntington Street to Delaware Street) (340.70) --Adopt Resolution No. 2003- 37 — `A Resolution of the City Council of the City of Huntington Beach Authorizing Application for Funds for the Transportation Enhancement Activity (TEA) Program under the (i0} a 9,.200—CouncII gency-M[putes - age 10 (City Council) Approved Alternative ACectin Bid -a of AwardingConstruction Contract Submitted by Cructorrl c, for Oak View Skateboard Park Project; CC-1216 (Oak View Neighborhood Enhancement Area) — Denied Transfer of Funds Mayor Boardman requested that this agenda item be removed from the Consent Calendar to.'. discuss the project and receive information from staff regarding the request for an Increase In funding. The original recommended action requested Council approval to accept the bid and award contract to Cora Constructors and authorize transfer of funds of $96,750 from the Community Development Block Grant (CDBG) Unprogrammed Funds. Considerable discussion was held between Council and staff regarding the reasons for the aforementioned proposed increased costs for the Oak View Skate Park, and alternative actions available to Council. Community Services Director Jim Engle explained that by the time the project went to bid the cost of construction had increased. A motion was made by Boardman, second Coerper, to approve the alternative action as set forth in the staff report: Direct staff not to move forward with the project at this time; refer the project back to the consultant for redesign to the original fund limit, which would reduce the size of the skate park by at least 50 percent and delay completion by six months in order to redesign, plan check and rebid. The motion carried by the following roll call vote: AYES: Sullivan, Coerper,'Boardman, Cook, Houchen, Hardy NOES: Green ABSENT: None fCitq-Courrci"pproved-MIth-S—ep arate Roll Call Votes Taken on Some Assembly and Senate Bills) City Council Position on Legislation Pending Before the State Legislature andlor Congress as Recommended by the City Council Intergovernmental Relations Committee (640.90) The City Council considered a communication from Councilmember Jill Hardy, Chair, Intergovernmental Relations Committee on behalf of Mayor Connie Boardman and Councilmember Debbie Cook: The City Council Intergovernmental Relations Committee has reviewed the legislation, and/or propositions below and is recommending that the City Council take a position on the following Assembly and Senate Bills: Assistant City Administrator William Workman presented a slide report, which was included in ft:e agenda packet, titled Intergovernmental Relations Committee Recommendations for Legislative Action. Councif received clarification from Assistant City Administrator Workman regarding a number of the staff recommendations. 1. A motion was made by Cook, second Boardman to: Support S8 981 (Soto) Children's Health & Petroleum Pollution Remediation Act as amended on April 24, 2003. The motion carried by the following roll call vote: AYES: Boardman, Cook, Houchen, Hardy NOES: Sullivan, Coerper, Green ABSENT: None The undersigned is prepai, to satisfy the Council of the City of f,. _dngton 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. 'I - & �wfiem&&, c ,arc '2i utA-VUM J . 6A2 c-ee�tAtJ QE'3► Printed or Typed Signature Subscribed and sworn to before me this L day of 4 - -m0'S , NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: , Zr �q.,- e, eo i6s Name and Address of Public Agency I Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed I C-10 State of California ss. County of San Bernardino CARRIED. =3- %--DIAN Commission aR 1337689 mow. Notary Public - California San Bernardino County mm My Co. moires Jan e. 2008 Subscribed and sworn to (or affirmed) before me this 14th day of Aril , 2003 by 1 Richard J. Garabedian an* o ignei s 2 NIA ma O -gner S OPTIONAL t D ja"U�- .5.gnalwa ol Notary ;ic Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:Biddet's Information Document Date: April 14 2003 Number of Pages: 2 Signer(s) Other Than Named Above: NIA 4-Con Engineering, Inc. P.O. [lox 2217 14771 Washington Drive Fontana, Ca 92 334-22 17 City of Huntington Beach OAKVIEW NARK SKATE PARK Cash Contract No. 1216 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 20, 2003 4-Con Engineering, Inc. P. O. Box 2217 Fontana, CA 92334-2217 Re: CC-1216 — Oakview Skate Park Plaza CALIFORNIA 92648 Enclosed please find your original bid bond issued by Great American Insurance Company for Oakview Skate Plaza — CC1216. dm� a�Vi Connie Brockway, CIVIC City Clerk - Enclosure g:/followup/cashcont/retumbidbond.doc procedure #13 (Telephone: 714-536.5227) T r GREAT AMERICAN INSURANCE COMPANY OHIO Bond No. N/A BID BOND _ Approved by The American Institute of Architects, A.I.A. Document No. A310 February, 1970 Edition KNOW ALL MEN BY THESE PRESENTS: that we 4-CON ENGINEERING, INC. as Principal, hereinafter called Principal, and GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, are held firmly bound unto CITY OF HUNTINGTON BEACH TEN PERCENT OF AMOUNT BID** as Obligee, hereinafter called Obligee, in the sum of Dollar o 10 W OF AMOUNT IPID For the payment of which sum well and truly to be made, and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONTRACT #1216 OAKVIEW PARK SKATE PLAZA J 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 11th day of April , 2003 Bid Bond F9630a 4-CON ENGINEERING, INC. (Seal) REAT AMERICAN INSURANCE COMPANY Seal (Sty) ( KELLY A. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO APRIL 11, 2003 PERSONALLYAPPEARED KELLY A. SAITMAN before me, SS. ARLENE SMIT, NOTARY PUBLIC personally known to me (a evidenee) to be the person(j)whose name(r) is/ar&subscribed to the within instrument and acknowledged to me that-Wshe/tiapy executed the same in hkAerAhai+r authorized capacio(v4 and that by Awhen,Uar signature(s}on the instrument the person(4 or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL ARLENE SMPP -- Commission # 1358930 Notary Public - California 0 San Bernardino County MYCorrrn. E> h15 May31, 2M9 This area for Official Notarial Seal 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 TM.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT"ES) DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN ID-1232 (REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT— CALIFORNIA ALL -PURE _ of ACKNOWLED State of California ss. County of San Bernardino On April 14, 2003 before me, Carrie D. Garabedian, NotanX Public , Date -- Names i e o cer e.g., ane U09, Notaly—Fublic'J Personally appeared Richard J. Garabedian , Name(s) ot 5igner(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence CAR RIE D. =BEDOM Commission # 1337689 to be the persons} whose names} is/�axe subscribed to the Z Notary Public - Cafifomia > within instrument and acknowledged to me that heEsheAhey San Bernardino county executed the same in hisA & authorized capacity(k*, My Comm. Expires Jan 6, 2006 r and that by hisAwAhaii: signatures} on the instrument the person#s}, or the entity upon behalf of which the person# 4 acted, executed the instrument. WITNESS my hannd and official seal. Signature of Notary Pubuc OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: Kelly A. Saitman Capacity(ies) Claimed by Signer(s) Signer's Name: Richard J. Garabedian 11-4 Individual Corporate Officer Title(s): President Partner— ❑ Limited []General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: 4-Con Enoineerina, Inc. Signer's Name: N/A e Individual Corporate Officer Title(s): Partner -- ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: L) y GWM ANER1CAN INSURANCE COMPANY' 580 WALNUT STREET * CINCINNATI, OHIO 45202 a 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13970 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and Contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL KELLY A. SAITMAN ONTARIO, UNLIMITED DONALD R. DES COMBES CALIFORNIA ER This Power ohttorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOFthe GREATAMERICAN INSURANCE COMPANY has caused dth+Y a presents to be signed and attested Qby its appropriate officers and its corporate seat hereunto affixed this 26TH day of , ttestI U�l .HNIrr!! % f 1, flrf% STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY t lrt On this 26TH day of JULY, 2000 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duty sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like uthority. MAUREEN DOUGHERTY NOTARY PUBLIC. STATE OF OHIO !r MY COMMISSION EXPIRES 06-12-06 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalfof the Company, as surety, anyand all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contractor suretyship, or other written obligation in the nature thereof, such signature andseal when soused being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually afxed. CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signllhl ed and sealed this day of r''-.�, IP.I L 2003 A%U41.11rf Sea rt'rnn, S 1029S O t107j U SECTION C V PROPOSAL for the OAKVIEW PARK SKATE PLAZA CASH CONTRACT No. 1216 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE NIAYOR AND AIEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: L 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. !„r 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, BII7DER 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 Lforth 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 LCONTRACT. 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. L G1 L. L L Li L. L U If awarded the Contract, th�-&dersigned agrees that in the event "e 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 6/0 Aa,vn in the amount of $ T N � which said amount is not Iess than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (PIease 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 Sienature C2 L' - "I YONCOLLUSIONAFFIDAvz4--� TO BE EXTCUTED BY BIDDER AND SUBMITTED WITH BID L �J State of California ss. County of Orange A_ I_ 17- ✓ � , being first duly sworn, deposes and says that he or she is lD .vi of 4- {0,o �iL&,c1!�/Z1AX- �,r,� the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine M•� 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 Lo 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 Lthereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. -4-- Coj 6vsiilankjLuh c . Name of Bidder a re of Bidde I q-ni w^,m1qnj :x _g�A W2- 6q 72-5-Ty Address of Bidder L Subscribed and sworn to before me this day of,_________ Li U NOTARY PUBLIC LNOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the OAKVIEW PARK SKATE PLAZA, (1)(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. E The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: '4 - 0 - U 3 5AJ fix. Contractor kwt-d Title C-5 DISQ�uALIEICATI®N QUESTIONN,-tRE ' In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary ' interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? t ❑ 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 Li COMPE�4ATION INSURANCE CERTL4CATE 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. a 0- c C U Date. L 41- C 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 Contractor &31003- Title J H U1 nbERGROUND SERVICE ALCRT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: *1 " H " 03 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 UBIDDER'S LNFORMATYON U LBIDDER certifies that the following information is true and correct: Bidder Name Business Address La {� a-o �,4 City, State Zip r I --1)17 Telephone Number State Contractor's License No. and Class Original Date Issued r rO r +� Expiration Date L. Li L 11 The work site was inspected by2zt� S LAi+4four office on _ r . 20d3 The following are persons, firms, and corporations having a principal interest in this proposal: '$Me— P}-77TA4rrL--D 400P1 C-9 • 4-CON ENGINEERING, INC. Name, address, and titles of all officers of the corporation: Richard J. Garabcdian — President 1566 Columbine Way Upland, CA 91786 (909) 949-8846 Disco J. DeAndradc — Vice President 801 NN'. La Vina Aitadena, CA 91001 (626) 794-7337 Cruz R. Borrero — Secretary 557 W. Rosewood Ct. Ontario, CA 91762 (909)988-5182 Fred E. Ecker--Treasurer 1374 Gardenia Ln. La Verne, CA 9I750 (909) 596-2655 I L SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT OAKVIEW SKATE PARK PLAZA 1 1 Mobilization L.S. @ IF A) 0 .4 #4 Dollars /G aoO ' 16000 ' ----- Cents 2 1 L.S. Clearing and G5ubbing @ _S -✓Vf ,--fCfA, '7� S - Dollars I Poo` r ONo" • Cents 3 74 L.F. Ledges @ fidPu�0�1 to �f�✓ Dollars ,/ V " Cents 4 227 L.F. Steel Edgin 'ls @ !v0 Dollars , j 2 / -7 7, Cents 5 195 L.F. Concrete teps @ Dollars f 1`0 �7� ------ Cents 6 200 L.F. Retaining Yjalls cc @ i !" AVAO,4iJ �e Dollars Cents 7 2,390 S.F. 4" Paging @ —C-&;ye� Dollars ., "C/ Cents 8 220 L.F. 42" Guar rail chain link) Dollars Cents 9 13 L.F. 12" Curb @ DNE ffutiArt� _ Dollars /00 3d Cents 10 128 S.F. 4" Pav' g w/ Ret Finish @ - g �� _ Dollars �y �----- Cents 11 27 L F. 5" Steel Tubi g @ lv-,ADollars 7 y 30 Cents PROJECT BASE BID: Total Amount Bid in Figures: $ Total Amount Bid in Words: w V vzwz 6 Nitie- ,OUSAF fX C-Is G G ,V PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and ? to be responsive, the bidder shall quote a price for each Additive Alternate idendfied/listed below. The City shall award the contract on the basis of the project Base Bid alone. Additive 227 Additional Steel dging Alternate #1 LF. @ Gc,i de Dollars ZS �'� %� I Cents Additive 220 42"' C.L Guard 'I to Steel Tubing Alternate #2 LF. @ Sp- a Dollars Cents � � � f �� !�a110 7 C-2s 1 , 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .AST OF SUBCONTRACTOR In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class a// q&w 79*)37 G -l3 A ot7/ 73 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 e, CALIFORNIA ALL-PURP"'SE ACKNOWLEDGMEN State of California ss. County of San Bemardino On April 14, 2003 before me, Carrie D. --Garabedian, Notary Public e am,.su epa.oa»IW39 �aly em6T'), Personally appeared Richard J. Garabedian , ameys o pneo s personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons} whose named isA-" subscribed to the KM D.ARA9�O N within instrument and acknowledged to me that he1sl;QAI;oY 1337669 executed the same in his,RQR;x► 4 authorized ca aci , c • California and that b hisR3er1aeiaF si nature on the instrument t e d"ino county Y 9 �}ims .Ian 8.2006 person, or the entity upon behalf of which the person acted, executed the instrument. W ITN ESS my hand and official seal. yna we Of o ry ruwlc OPTIONAL Though the information below Is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Noncollusion Affidavit Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: NIA Capacity(ies) Claimed by Signer(s) Signer's Name: Richard J. Garabedian Individual Corporate Officer Title(s): President Partner -- ❑ Limited D General Attorney -in -Fact Trustee Guardian or Conservator Other. Top or niurro hero Signer is Representing: 4-Con Enaineerinq. Inc. Signer's Name: NIA H Individual Corporate Officer Tille(s): Partner -- Limited General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: P.O. Box 2217 4-Con Engineering, Inc. Phone (909) 427-1177 Fontana, CA 92334-2217 Project List Fax (909) 427-1562 - -- -- - JOB 1No. NAME PERCENTI.- CONTRACT VALUES AGENCY CONTACT i PHONE COMPLETED ORIGINAL I FINAL PCO01 Lincoln Ave. Coyote Creek Bridge City of Cypress Dadbeh (714) 229-6456 Retrofit IKamren PCO02 Edmondson Alley Reconstruction Cityof Pasadena (George Martinez (626) 744-3842 P0003 Valencia Park Picnic Area f City of Fullerton Eliseo Bravo _ I (714) 738-5348 PCO04 IAlfey No. 77 Storm Drain Repair & `City of Costa Mesa 1Tom Banks (714) 758-5222 PCO05 Iowa Street Drain Improvements . Street Improvements Spruce & I _ City of Riverside Karl Mosby (909) 782-5346 Blaine (Schedule A) 1 PCO06 _ On -Site and Off -Site City of El Monte rKev Tcharkhoutian 1 (626) 580-2056 Improvements on Ramona Blvd. and Cogswell Rd. PCO07 'San Jose Creek Water Los Angeles County Samuel Espinoza I (323) 283-0881 Reclamation Plant - East Stoplog Sanitation District i Storage Structure I PCO08 Construction of 43 Curb Ramps at City of Fountain Valley Bob Kellison (714) 5934517 ;Various Locations Throughout the I City I 1 PCO09 Pepper Street 'San Bernardino County 'Jerry Ivy (909) 387.2800 PC010 Del Arno Blvd. Over Compton L.A. County Dept. of Neil Menuwaria i (818) 458-4953 Creek Public Works PCO11 , Wash Water Recycling Facility City of Ontario Dennis N. Watson 1 (909) 391-2507 PCO13 Ronald Regan & Heritage Park of Diamond Bar Bob Rose ' (909) 860-3195 PCO14 Garvey Park Pool Renovation ,City City of Rosemead_ Ron Bravo 1 (310) 370-6724 PCO15 City Park Skate Park Facility; City of Corona 1Jonathan Jones (909) 279-2241 Project No. 431-8062 PCO16 Hook -East & West Debris Basin L.A. County Dept. of Primo Candia (626) 447-5362 Enlargement in Glendora Public Works I PCO17 Franklin Ave. Drian in the City of L.A. County Dept. of Primo Candia _ (626) 447-5362 Pomona Public Works PCO18 Rehabilitation of the Nature Trail ;City of Fountain Valley Bob Kellison (714) 5934517 PCO19 Two Bridge Seismic Retrofit San Bemardino County 'Jerry Ivy 1 (909) 387-2800 ;Transportation Dept. I PCO20 Indian Ave. Overhead Seismic City of Palm Springs Marcus Fuller (760) 323-5253 PCO21 .lTerry Road Storm Drain _ City of Laguna Beach Lisa Penna. I (949) 497-0711 PCO22 Construction of Skatepark at City of Irvine Douglas Davidson I (949) 724-6675 Harvard Athletic Park; CIP 8110_ - PCO23 Rio Hondo Park Rehabilitation City of Pico Rivera Juan Balanay (562) 8014415- Site Work 06024 _ IJabonerialShull Park ,City of Bell Gardens Bill Pagett ; (562) 806.7770 Improvements _ --••------ I i PCO25 ,Skate Parts at Peterson Park ------- ------ Ci of Diamond Bar ty ----- - Rose— ._ . _.....- ----- � (909) 860-3195 PCO26 — _ Heritage Trail Bikeway Project - - + City of Palm Springs,— yBob .Marcus Fu11er P.E. _ i-(760) 323-5253_ 100.00%' 100.00%�-- 100.00%( 100.00%,, 100.00%1 I 100.00% 1Do. Do% 1 i 100.00%f 100.00%1 100.00% 100.00%'` 100.00% 100.00% 100.00%I 100.00%, I 100.00% i 100.00%1 175.576 I 196.755 198,862 211,224 61,993 63,101 99,860 106.913 55,734 1 67,201 173,205 I 209,460 121,850 30,837 I I 83.5831 45,260 I 124,969 1 373,378 204,1531 196,000 229,195 1 155,8151 k 245,664 1 112,158 100.00% 186.462 i 100.00%1 145,208 1 100.00% 642,068 _ 100.00%' 82.400 - 4 100.00% 567,047 100.00% 1 282,884 I —100.00%i_---873,781 ! _ DATES START 1 FINISH 09103/98 1 1110419E 10102/98 1 12/12198 -_11/02/98 12/15/98 12/07/98 1 12121 /98 11/30/98 1 01/22/99 12/07/68 1 02/01/99 I I � 122.450 1 01/12/99 i-05J20199 34,527 1 02/23/99 103/16/99 i 84,797 ; 03115/99 1 04/12/99 41,076 1 03/25/99 1 04/07/99 134.5291 04105199 1 05/21/99 386,511 ; 04/09199 ! 07/15/99 226.157 ! 04108199 07/09/99 223,976 06108/99I 08/20/99 241,174 1! 07/12/99 1 t)9/24199 186,687 i 09/20/99 j 1kc 1 302805 08/16/99 ! 03/24/00 118:249 j 08/31199 1 10/25/99 I` 212.898 1 10/26/99 i 01 /26/00 180521 11/29/99 J 02/08100 670:761 101/0310Q j 06102/00 100,077 j 06/12/00 1 07/25/00 620,686 ' 03/06/00 311,162 104110100" 879,416 1.05/22100 _ ^08/22/00 07/15100 i_11109100 Fife: Project List.xls Page 1 of 4 P.O. Box2217 4-Con Engineering Inc. Phone (909)427-1177 Fontana, CA 92334-2217 — Project List — ' Fax (909) 427-1562 JOB INo. NAME AGENCY i CONTACT PCO27 Beverly Blvd. Over San gabriel L.A. County Dept. of Jolene Guerrero River, Cash Contract 8344 Public Works PCO28' Seismic Retrofit of Brea Blvd. Orange County PF&R Gerald Shubert : Bridges 1 & 2 (Nos. 55C-0123 & Department I 55C-0122) Over Brea Creek PCO29 'Hermosa Ave. Storm Drain and . City of Rancho'Jerry Dyer Street Improvements :Cucamonga PC030 Dale Page Park Improvements, 'City of Redondo Beach ,Thomas Baldwin and Ford and Sneary Parkettes I Improvements + PC031 Storm Drain Improvements at Holt'City of Ontario Fe M. Rama i Blvd. I PC032 'Construction of Storm Drain and City of La Habra Eduardo L. Lanuza Parkway Improvements - Project No. 4-R-00 PC033 Public Works Central Maint. Yard City of Palmdale Mr. Tim Hughes Perimeter Wall Improvements - �Cash Contract No. 415A PCO34 Canada Blvd. & Verdugo Rd. POC L.A. County Dept, of Mr. Ricardo Gordillo at Glendale Community College - Public Works Project ID No. RDC0011407 PC035 Carmelitos Storm Drain City of Long Beach Mr. Jose M. Rosas Improvement l PC036 McDermott West Park, Village of City of Fontana Mr. Harry Foley ' Heritage, Fontana; Bid No. SB43 - PC037 ' Hurless Barton Park City of_Yorba Linda... Mr. Steve Campbell PC038 Whites Channel Invert Access L.A. County Dept. of Mr. Sumitha Shival Ramps & Medea Creek Invert Public Works Repair - Project No. FCCO000764 PC039 Gene Autry Trail Bikeway, CP99- City of Palm Springs Marcus Fuller P.E. 14, A4371 1 _ PCO40 State Street Sidewalk and ' City of San Jacinto Habib Motlagh __ Miscellaneous Improvements __ _ I _ PC441 Lemon Park Impm roveents City of Fullerton_ Mike Pickens_ I PCO42 Parking Lot/ landscape _� Corona -Norco Unified 'Greg Chapman, PCH Revisions at Anthony Elementary School District 'Architects, LLP, '06043 School (Project No. F0002-002) 'Eastbluff _ Project Manager Park Walkway City of Newport Beach Fong Tse Phase tf -- `�--Contra t No.on, � Contract Igo. 3334 PERCENTI CONTRACT VALUES PHONE !COMPLETED! ORIGINAL. I FINAL (626) 458-3137 100.00% (714) 567-7795 100.00%I i I (909) 427-2740 100.00%' 1 (310) 318-0661 100.00%' (909) 395-2025 (562) 905-9700 (661) 267-5300 (626) 458-3142 (323) 890-7086 (909) 350-7661 (714) 961-7168 (626) 458-3137 100.00%, 100.00%! 100.00%I o 100.00 /of 100.00%'1 100.00% DATES START I FINISH 07/07/00 1 02/07/01 411,210 431,6Qfi I' 10104l00 03121/01 61,326 T 62,559 10/16/00 j 111t7100 151,800 ' _ 155,657 151.1571 I 165,579 319,134 ( 320.892 469.668 1 247,481 I i i 159,700 1,199,T68 100.00%! 222,223 100.00%; ' 251,550 (760) 323-5253 1 100.00%1 (909) 6544337 (714) 738-6391 (909) 792.7397 (949)644-3340 12/13/00 1 01/19101 01/16/01 103 I 01/17/01 j 10/04/01 468,316 i 02/19/01 1 06/07/01 i 286,570 1 04/02/01 f 06126101 159,7001 07/06/01 !' 08/15/01 1,299,783 105/14101 ; 01110102 226,841 i 04/24/01 081'�1 252,530 08/20101 i 111r I 230,604'1 230,423 100.00% 413,000 .— 398,676 100.00% 816.951 f 914,847 100.00%1 121.121 _ ' 144,754 100.00%+1 113.015 1 08/23/01 1 09126/01 09/24/01 101/09/02 09124/01 i 07/11/02 _ 11/08/01 03107/02 113,815 12/12/01 ' 01/24102 File: Project List.xls Page 2 of 4 P.O. Box 2217 Fontana, CA 92334-2217 JOB No. I NAME PCO44 Flintridge Drive Slope Rehabilitation PCO45 ;Subsurface Drainage Project A't Various Locations: Project No. 31- 11001 PCO46 _ East Rialto Storm Drain PCO47 IThe Club at Big Bear Village, Phase 1 B (Site Work); Detention Basin PCO48 Rialto Street Improvements PCO49 Parking Lots Improvement at Elsinore & Wilomar PCO50 Azusa Skatepark at Memorial Park PC051 Montebello Skate Park 4-Con Engineering, Inc. -- Project List AGENCY I CONTACT City of Glendale Kevin Carter 'City of Corona Nadeem Syed 'San Bemardino County kGary Landry Flood Control District ' The Bergman Companies (Dale Colosi. Project Manager 'City of Rialto Bruce L. Cluff Lake Esinore Unified 'Grand J. Hamel School District City of Azusa 'Joe Jacobson i (City of Montebello, cJo i Mr. Sill Torres, 1TELACU Construction 1TELACU Construction I PHONE (818) 548-3945 (909) 279-3515 (909) 387-7920 (909)627-3651 (909) 820-2530 (909) 296-0776 (626)812-5280 (323) 726-0734 Phone (909) 427-1177 Fax (909) 427-1562 PERCENTI CONTRACT VALUES I DATES � COIMPLUED ORIGINAL I FINAL I START I FINISH_ 100.00%± 85,460 100.00%J 57,180 100.00%! 1 240,226 100.00%1 i 249,000 100.00%, 32,932 100.00%. 282,107 100.00% 379,752 1 100.00% 232,000 PCO52 Independence Skate Park and City of Downey Mr. Lea Sharp (562) 904.7118 100.00%' 981,435 1Tennis Center, Cash Contract No. PCO53 623, City of Downey Bridge Repairs; City Project No. City of Palm Springs Marcus Fuller P.E. i (760) 323-5253 100.00% 97,610 97-20 f � ! PCO54 San Sevaine Creek Bike and City of Fontana Mr. Harry Foley ! (909) 350-7661 100.00%" 256.214 I Recreational Trail, Project No. SB-f I ; i 41-02 PC055 Montclair Station Improvements: (City of Montclair Morteza Ghandehad 1 (714) 814.4513 100.00W 845,060 Federal Project No. RPSTPL-5326++ .(005) PCO56 Camelian Street Underpass SANBAG - San 'Joe Poirot, PE, I (909) 884-8276 100.00% 186.896 Earthquake Retrofit; Contract No. �Bemardino Associated Resident Engineer I + 03-018 Governments � PC057 _ South Gate Skateboard Park; City . Ci of South Gate - ----------- 'Abdulla Ahmed - ' � {323) 357-9657 /, 101.26°01 326,623 Project No. 284-ARC i 'Senior Engineer PC458 _ Loynes Drive over Los Cerritos--: L.A. County Dept, of _ . Safaman Khan, (626) 4584956 25.60%; 647,870 ;Channel, Et Al. - Porject No. Public Works Construction Liaison RDC0014210 PC059 "Arcadia Skate Park; Project Na. City of Arcadia - Mr. Ken Herman, (626) 256-6654 37.12%0 540,256 .}2255022 'Associate Civil i - - 1 - --- _ Engineer. T(714) j PCO60 Construction of Brea Skatepark City of Brea - --- ±Soundwatl; Project No. 7848 Mr. John Hogan -- + 671-4450 L -�24.01%1 174.950.1 92,405 1 02111102 67,5251 01/03102 260,210 j 02108/02 f 281,262 01/24102 30,3561 04/29/02 306,5781 04/02102 429,933 03/18/02 ' I 270,5121 05/28/02 j 04/01/02 01122102- 04/26102 05/02/02 05 06103 02 07/12/02 10/17/02 1,062,127 . 05/20102 110/25/02 98,636 1 09/20/02 1 11 /01 /02 360,389 i 07/29/02 1 11/30102 903.879 1 09130/02 1 03/12/03 200,697 1 10/30/02 1 03110I03 . 391,3071 12/02/02 03/19/03 02/24/03 1 02/10/03 --_------.—__. i -02124103 ._.._.-- File: Project List.xls Page 3 of 4 P.O. Box 2217 4-Con Engineering, Inc. Phone (909) 427-1177 Fontana, CA 92334-2217 - Fax (909) 4271562 - -- Project List -- - JOB PERCENTI CONTRACT VALUES I DATES No. NAME AGENCY CONTACT PHONE COMPLETEDFORIGINALI FINAL l START I FINISH PC061 North Phase - Civic Center Palm Desert Mr. Martin Alvarez (760) 346-0611 417,501 Pending Carport Structures; Project No. 2225.00 File: Project List.xls Page 4 of 4 Ck—.4TRACTORIS QUALIFICATi_NS ' CONTRACTORS wishing to submit a bid must display evidence of technical experience in poured -in -place concrete and shotcrete application. ' Experience is required in poured -in -place concrete as per the following examples: Skate Park construction ' Street furniture, benches, pilasters, planters, Treewells, etc. Fountains Garden and retaining walls ' Sloped and curved concrete pours Experience is required in shotcrete application as per the following examples: • Skate Park construction ' Swimming pools Lakes or water features Sloped and curved applications ' Please indicate three examples, with references and phone numbers, of projects you have completed as the general contractor or selected specialty sub -contractors for both poured -in -place �.. concrete and shotcrete: C1te'5 a Poured -in -Place Concrete 1. Project Type and Location: ' Name and Telephone No. of Reference: 2. Project Type and Location: ' Name and Telephone No. of Reference: ' 3. Project Type and Location: Name and Telephone No. of Reference: ' Shotcrete Application 1. Project Type and Location: ' Name and Telephone No. of Reference: ' 2. Project Type and Location: ' Name and Telephone No. of Reference: 3. Project Type and Location: ' No. Reference: Name and Telephone of ' C-11 P.O. Box2217 4-Con Engineering, Inc. Phone (9013)427-1177 Fontana, CA 92334-2217 Project List -- Fax (909) 427-1562 JOB I I f PERCENT ICOMPLMD' CONTRACTVALUES 1 DATESNo. ; NAME I AGENCY CONTACT I PHONE ORIGINAL, I FINAL k START I FINISH PC001 Lincoln Ave. Coyote Creek Bridge . City of Cypress Kamren Dadbeh (714) 229-6456 100.00% 175,576 196,755 109/03/98 11/04/98 Retrofit f( `Ci I 1 I f PC002 'Edmondson Alley Reconstruction of Pasadena George Martinez _ 626 744-3842 100.009/6 198.862 1'-.' 211 224 PCO03 ,Valencia Park Picnic Area City of Fullerton Eliseo Bravo 1 (714) 738-5348 I 100.00% 61,993 f 63,101 j _10102/98 11ro2/98 f _12112/98 12/15/9$ PCO04 'Affey No. 77 Storm Drain Repair & City of Costa Mesa 7,om Banks (714) 758-5222 100.00W 99,860 1 106,913� � 12/07/98 12121/98 'Iowa Street Drain Improvements i i PCO05 Street Improvements Spruce & 'Cily of Riverside Karl Mosby (909) 782-5346 100.00%! 55,_734_ i_ 67,201 ; 11/30/98 i 01/22/99 Blaine (Schedule A) PCO06 On -Site and ON -Site 'City of El Monte Kev Tcharkhoutian (626) 580-2056 100.00%, 173,205 I 209,460 112/07/98 02/01199 Improvements on Ramona Blvd. and Cogswell Rd. PCO07 San Jose Creek Water Los Angeles County 'Sanitation Samuel Espinoza (323) 283-0881 100A0%+ 121,850 ; 122,450 01/12/99 ! 05/20/99 Reclamation Plant- East Stoplog District Storage Structure PCO08 'Construction of 43 Curb Ramps at City of Fountain Vaffey Bob Kellison ' (714) 593-4517 I 100.00% 30,837 34,527 102/23/99 103/16/99 ,Various Locations Throughout the I I I I I PCO09 City Pepper Street San Bernardino County 'Jerry ivy 1 (909) 387-2800 100.00%1 83.5831 84,797 1 03/15/99 04112/99 PC010 _ Del Amo Blvd. Over Compton L.A. County Dept. of Neil Menuwarla i (818) 458-4953 100.00%1 45,260 1 41,076 1I03/25/99 i 04107/99 PCO11 Creek Wash Water Recycling_ Facility Public Works__ 'City of Ontario Dennis N. Watson (909) 391-2507 100.00%' 124.969 I 134,529 k 04/05/99 05121/99 PCO13 Ronald Regan & Heritage Park City of Diamond Bar Bob Rose i (909) 860-3195 100.00%I 373,378 1 � 386,511 104109/99 + 07/15/99 PCO14 'Garvey Park Pool Renovation City of Rosemead_ Ron Bravo I (3'10) 370-6724 j 100.00%! 204.153 226,157 104/08/99 107109/99 PC015 ,City Park Skate Park Facility; City of Corona _ Jonathan Jones (909) 279-2241 100.00%! 196,1 223.976 i 06/08/99 08/20199 PCO16 Project No. 431-8062 Hook -East & West Debris Basin L.A. County Dept. of Primo Candia I (626) 447-5362 100.00%: 229,195 1 241,174 ` 07/12/96 09124199 Enlargement in Glendora Public Works PC617 Franklin Ave. Drian in the City of L.A. County Dept. of Primo Candia { (626) 447-5362 100.00%' 155,815 + 186,687 109/20/99 121c 3 Pomona Public Works PC018 _ Rehabilitation of the Nature Trail City of Fountain Valley Bob Kellison ; (714) 593-4517 1100.00%! 245,664 1 302.805 08/16199 f 03/24/00 PC019 ,Two Bridge Seismic Retrofit San Bernardino County (Jerry Ivy (909) 387-2800 100.00%; 112.158 118,249 i 08/31/99 1 10/25199 _ ;Transportation Dept...... PCO20 Indian Ave. Overftead Seismic City of palm Springs Fuller_ (760) 323-5253„ 100.00%1 1 212,8981 10/26/99 101/26100 PCO21 Road Storm Drain_ _ City of Laguna Beach .,Marcus Lisa Penna (949) 497-0711 100.00% .186,462 145,208 E - 180.521 111129/99 1 02/08100 PCO22 :Terry Construction of Skatepark at City of Irvine _ Douglas Davidson (949) 724-6675 100.00% 642.068 f 670,761 01/03100 1 06102100� i Harvard Athletic Park; CIP 8110 I `__ I - PCO23 Rio Hondo Park Rehabilitation City of Pioo Rivera _ _..... _.�_ _ ___ _. Balanay _ .-. -- _ . -_ (562} $01-4415 _ .. _ - o 100.00 /o� _. 82,400 .._ . -..- .... -+ 100,077 i 06/12/00 . - 07125/00 Site Work ``Juan -� PCO24 _ __ JabonerialShu .. � II Park —.—...-- ' - ty - -..-.. Ci of Befl Gardens -- 4--------------- Bill Pa ett g --- : -------�-•--- - - - (562) 806-7770 — _ 100.00%, - 587.047 - 620,686�' 03/06/00 08/22/00 Improvements _ _ PCO25 Skate Park at Peterson Park City of Diamond Bar_ Bob Rose (909) 860-3195 100.00%, 282,884 j 311.16: 0411010Q _07115100 1.11109100 PCO26_Heritage Trail Bikeway Project City of Palm Springs _ _Marcus Fuller P.E. _ __i_(760) 323-5253 100.00%1 873.781 _ �879,416 `-05122100 Fite: Project Ust.xls Page 1 of 4 P.O. Box 2217 4-Con Engineering, Inc. Fontana, CA 92334-2217 — Project List — JOB I No. I NAME AGENCY CONTACT I PHONE PCO27 Beverly Blvd. Over San gabriel L.A. County Dept. of Jolene Guerrero I (626) 458-3137 River, Cash Contract 8344 Public Works _ PCO28 Seismic Retrofit of Brea Blvd. 'Orange County PF&R (Gerald Shube►i I (714) 567-7795 Bridges 1 & 2 (Nos. 55C-0123 & Department 55C-0122) Over Brea Creek i _ _ _ _ PCO29 'Hermosa Ave. Storm Drain and ' City of Rancho —' ,ferry Dyer 11 (909) 427-2740 ,Street Improvements Cucamonga____ PC030 Dale Page Park Improvements. City or Redondo Beach Thomas Baldwin (310) 318-0661 ' and Ford and Sneary Parkettes Improvements ; PC031 Storm Drain Improvements at Holt'Cityof Ontario 'Fe M. Rama (909) 395-2025 Blvd. I I PC032 Construction of Storm Drain and (City of La Habra MEduardo L. Lanuza (562) 905-9700 Parkway Improvements - Project No. 4-R-00 f PC033 Public Works Central Maint. Yard City of Palmdale Mr. Tim Hughes 4 (661) 267-5300 Perimeter Wall Improvements - 'Cash Contract No. 415A PCO34 (Canada Blvd. & Verdugo Rd. POC L.A. County Dept, of Mr. Ricardo Gordillo (626) 458-3142 at Glendale Community College - 'Public Works Project ID No. RDC0011407 j PC035 Carmelitos Storm Drain City of Long Beach Mr. Jose M. Rosas i (323) 890-7086 Improvement _ _ _ PC036 McDermott West park, Vilfage of City of Fontana Mr. Harry Foley jj (909) 350-7661 Heritage. Fontana; Bid No. SB43 j i I I 01 _ _ f PC037 'Hudess Barton Park_ City of Yorba Linda Mr, Steve Campbell (714) 961-7168 PC038 :Whites Channel Invert Access L.A. County Dept. of Mr. Sumitha Shival (626) 458-3137 Ramps & Medea Creek Invert Public Works Repair - Project No. FCCO000764 I PC039 Gene Autry Trail Bikeway, CP99- 'City of Palm Springs Marcus Fuller P.E. (760) 323-5253 114, A4371 I _ 06040 State Street Sidewalk and City of San Jacinto ' Habib Motlagh (909) 654-7337 _ Miscellaneous Improvements I _ _ _ I PC041 Lemon Park Improvements__ ,City of Full rtonMike Picke_ns--- {_ (714) 738-6391 PC042 Parking Lot 1 Landscape Corona -Norco Unified Greg Chapman, PCH (909) 792-7397 Revisions at Anthony Elementary School District Architects, LLP, School (Project No. F0002-002) E —_ _ , Project Manager PC043 Eastbluff Park Walkway City of Newport Beach Fong Tse (949) 644-3340 'Reconstruction, Phase 11- i �Contract No. 3334 Phone (909) 427-1177 Fax (909) 427-1562 PERCENT CONTRACT VALUES i DATES COMPLETED- ORIGINAL. I FINAL I START I FINISH 100.00%1 669,423 707.272 100,00%, 411,210 431,606 100.00 /0 I 61,3261 I ' 62,559 100.00%' 151,8001 155,657 100.00%. i 100.00% i 100.00%, i 100.00% 1 100.00%+ 100.00%7 100.00%I 100.00%� 151,1571 165,579 319,134 i 320,892 469,668 ; i i 247,481 1 i 159.700 1,199,768 222,223 251,550 100.00 /0 230,604 100.00%li 413,000 • 100.00%� .—�816,951 I 100.00% 121,121 j 07/07/00 02/07/01 10104100 03121 /01 10/16/00 11 /17/06 I 12/13100 011111101 01/16101 10312C , 01/17101-; 10/04/01 468,316 02/19/01 106/07/01 1 1 I 286,570 1 04102/01 06/26/01 159.700 1,299.783 07/06101 1 08115/01 05114101 ; 01110102 226.841 04/24101 1 08111'^1 252,5301 08/20/01 1 111 i 230,423 ; 68/23/01 1 09/26f01 398.676 1 09/24/01 1 01/09/02 914,847 109124101- l 07/11/02 144,754 ; 11/08/01 1 03/07/02 1 - -° ' 1131015 j 113,815 12/121dl I 01/24/02 File: Project List.xls Page 2 of 4 P.O. Box 2217 Fontana, CA 92334.2217 JOB INo. NAME AGENCY 4-Con Engineering, Inc. — Project List -- CONTACT PCO44 Flintridge Drive Slope City of Glendale Kevin Carter Rehabilitation _ _ _ _ __ �Nadeem _ PC045 'Subsurface Drainage Project AtCity of Corona Syed ,Various Locations; Project No. 31-{ 1001 __ •- ___ PCO46 East Rialto Storm Drain fl San Bernardino County _ -_ . Gary Landry I Flood Control District PC047 ;The Club at Big Bear Village. 'The Bergman Companies Dale Colosi, Project Phase 1 B (Site Work); Detention Manager Basin } f PCO48 Rialto Street Improvements ;City of Rialto Bruce L. Ctuff PCO49 Parking Lots Improvement at Lake Esinore Unified Grand J. Hamel Elsinore & WWifomar School District PC050 !Azusa Skatepark at Memorial City of Azusa 'Joe Jacobson Park - PC051 'Montebeiro Skate Paris City of Montebello, c/o TELACU Construction PCO52 Independence Skate Park and City of Downey Dennis Center, Cash Contract No. 623, City of Downey _ PCO53 Bridge Repairs; City Project No. City of Palm Springs 97-20 PC054 San Sevaine Creek Bike and - City of Fontana Recreational Trait, Project No. SB-� '41-02 PCO55 'Montclair Station Improvements; City of Montclair Federal Project No. RPSTPL-5326' (005) PC656 Street Underpass CSANBAG - San ,Camelian Earthquake Retrofit; Contract No. Bernardino Associated 03-018 Governments Mr. Bill Torres, I ,TELACU Construction Mr. Lea Sharp , Marcus Fuller P.E. Mr. Harry Foley Morteza Ghandehari PHONE (818) 548-3945 (909) 279-3515 (909) 387-7920 (909)627-3651 (909)820-2530 (909) 296-0776 (626) 812-5280 (323)726-0734 (562)904-7118 (760) 323-5253 (909) 350-7661 Phone (909) 427-1177 Fax(909)427-1562 i PERCENT] re COMPLEo' - CONTRACT VALUES�_ DATES ORIGINAL I FINAL — Y START j FINISH ! 100.00% 85,460 J 92,4051 02/11/02 j 04/01/02 + 100.00% J 57,180 I $T,525 Q1103102 j 01122102- i 100.00%C 240,226 260;21Q 02l08/02 04126l02` 100.00%i 1 249,060 ± 281,262 I 1 O1124/02 I 05/02/02 100.00%' 32,932 ` 30,356 04129102 i 05/2 I 100.00%1 282,107 ! 306,5781 04102/02 106103 02 100.00%i i 379,752 I 100.00%' i 232,000 i � 100.00%, 1 I 981,435 � i 1 100.00%? I 97,610 I 100.00%I i 256.214 ; 429,933 ! 03/18/02 07/12/02 I 270,512 05128/02 10/17102 1.062.1271 05/20/02 1 10/25102 98,636 09/20/02 11/01/02 1 1 360,389 j 07/29/02 11 /30102 i 1 i (714) 814A513 i 100.00%1 845,060 903,8791 09/30/02 # 63/12/03 (909) 884-8276 1 100.00%1 186.896 i 200,697 10/30/02 PCO57 South Gate Skateboard Park; City .City of South Gate 'Abdulla Ahmed - (323) 357-9657 101.26616 326,623 ' 391,307 12/02/02 Project No. 284-ARC _ __ Senior Engineer PC058 Loynes Drive over Los Cerritos L.A._ County Dept._ of Salaman Khan, �— (626) 4584956 j 25.60% 647,870 102/24/03 'Channel, Et Al. - Podect No. Public Works Construction Liaison RDC0014210 __ i PC 50PC 9 Arcadia Skate Park; Project_ No. City of Arcadia T �Mr. Ken Herman, (626) 2SM654 2255022 i Associate Civil .. _..�--,Engineer^ PC060 Construction of Bre—a Ska-tepark City of Brea Mr. John Hogan (714) 6714450 4Soundwall; Project No. 7848- Joe Poirot, PE, Resident Engineer - 1. 37.12% -- - - J 540,256) - --- -24.01 %' 174.950 0103 02/24/03 I 03/10103 03/19103 File: Project List.xis Page 3 of 4 P.O. Box 2217 4-Con Engineering, Inc. Fontana, CA 92334-2217 -- Project List -- JOB No. NAME AGENCY ( CONTACT PHONE PC061 North Phase - Civic Center I Palm Desert Mr. Martin Alvarez I (760) 346-0611 Carport Structures; Project No. Phone (909) 427-1177 ' Fax (909) 427-1562 F. . PERCENT I CONTRACT VALUES I DATES COMPLETED1 ORIGINAL I FINAL I START I FINISH 417,501 Pending File: Project List.xls Page 4 of 4 L BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. IThis certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: 4 646r/W�PbiL �. *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disaualification. I C-12 TENN18 COURT8 INC. } r 181 Bl 707-3797 FAX 181 Ell 706-1951 31133 VIA COLINAS, SUITE 107 z WESTLAKE VILLAGE, CA 91352 L1C 8 CA-618117 AZ-103253 NV-035478 ` 1466 v t-A W—' 141q �: --, __ _ x . _ • ' Ci Sri 1.6I-K _ a 0110 cc ISO CA - L; �i L'dV foot t'a TI M� • .v t -%-M lEDr`I.IN nt1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 20, 2003 Malibu Pacific Tennis Courts, Inc. 31133 Via Colinas, #107 Westlake Village, CA 91362 Re: CC-1216 — Oakview Skate Park Plaza CALIFORNIA 92648 Enclosed please find your original bid bond issued by Travelers Casualty and Safety Company of America for CC1216. dmw'� 0W-*14VAV- Connie Brockway, CAC City Clerk Enclosure g:/followup/cashcont/retumbidbond.doc procedure #13 (Telephone: 71 "36.5227 ) BIU BOND KNOW ALL MEN BY THESE PRESENTS, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. N/A Bid Date: April 15, 2003 Thatwe, Malibu —Pacific Tennis Courts, Inc. as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State 9f Connecticut, 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 Twenty Five Thousand and 00/1 00 Dollars ($ 25, 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 Oakview Park Skate Plaza 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 fumished 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 thisl Othday of April 2003 (Witness) t i (Witness) MalibufPacific Tennis Courts, Inc. (Principall (Seal) - Ili-A-r�%e V 'IV(Title) L TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA B �tt.w - Maria L. Navar-Chavez (Alto -n-Fact) Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1976 edition. S-1869-G (07-97) • `•' TRAV 'RS CASUALTY AND SURETY COMPANY ANIERICA • VELERS CASUALTY AND SURETY CONfPANY FARM NGTON CASUALTY COMPANY Hartford, Connecticut 06193-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-LY-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AIIIERICA, TRAVELERS CASUALTY AND SURETY . COMPANY and FAILMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the' City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath grade, constituted and appointed, 'and do by these presents make, constitute and appoint: Cheri Bauer, Maria L. Navar-Chavez, Sally Rosenfeld, Paulette Carpenella, of Simi Valley, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instzument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect VOTED. That the Chairman. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attome}s-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescr-ibe to sign with the Company's name and seal with the Company's seal bands, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company; provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. : VOTED. That any bond, recognizance, contract of Indemnity, or writing obligatory in the naturr of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her catificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile tinder and by authority of the following Standing Resolution -voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAR1FMNGTON CASUALTY COMPANY, which Resolution Is now In full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and ether writings obligatory in the nature thaeoC and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to iiny bond or undertaj;ing to which it is attached (5-00 Sundud) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On ARM 10, 2003 before me, Sally Rosenfeld, Notary Public, Date Name and Title of Officer personally appeared Maria L. Navar-Chavez Name of Signer personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the acted, executed 1C.E� C. person R05,1 .+w 11dC�Mts GO o�.,t'f the instrument. WITNESS my hand and official seal. t7Ct 7 � ignature of Not Public OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer Other Than Named Above: None Capacity Claimed by Signer Signer's Name: Maria L. Navar-Chavez [ ] Individual [ ] Corporate Officer Title: [ ] Partner — [ ] Limited [ J General [X] Attorney -in -Fact [ ] Trustee [ ] Guardian or Conservator [ ] Other. Signer is Representing: Travelers Casualty and Surety Company of America �_JDER'S INFORMATION BIDDER certifies that the following information is true and correct: H AL► eu &C:kr iC ENN►s cc) u2TS SrsC Bidder Name 31133 V to Co 1t*Pn6 , * r° 7 Business Address W C p Q 136 � City, State Zip ( ?►s--) 70`7-3797 Telephone Number 4r- (.rYJ1-7 , C1.rg5s- rta 3, C--r State Contractor's License No. and Class q . 1,4 _ '10 Original Date Issued y-3o-o5" Expiration Date The work site was inspected by PNI L C r aTiFn- of our office on �, 20 cx3 The following are persons, firms, and corporations having a principal interest in this proposal: LEi•ry (LAI-My- - YPSI s VX-- I T XAV- - C-9 The undersigned is prepared to satisfy the Council of the City of Huntii.scon 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. C i5NN15 C'ouaxs, SNC. of Bidder PHtt_ CareT-se- Printed or Typed Signature Subscribed and sworn to before me this Ld y of NOTARY PUBLIC CAROLINE A. CARTERCOMM. 4;4 #1288725 Public -California to VENTURA COUNTYNotary My Comm. Ems. Dec. 28, 2004 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: * P1.E P'6 c SEe QT F4-0-k e'2�- RFf-�2�NCG LEST o Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT OAKVIEW SKATE PARK PLAZA 1 1 L.S. Mobilization @ :.r:ssys— 4unN-F brz�F� Dollars 9917 0.01 Q9,750-0G d- "Am -- Cents 2 1 Clearing and Grubbing L.S. @ F FTF-EN I Dollars + l l cu— Cents 3 74 Ledges L.F. @ ONS- H V w b1ZFE:b Dollars A100 , ov A# '7j 1460 00 d- "`'%icy Cents 4 227 Steel Edging/Rails L.F. @ O fjc - 14v w> 1Z eP Dollars 44 t 00.0 0 # ;t ,'7d0• � t oD — Cents 5 195 Concrete Steps L.F. @ ONE - H %, N c)R#.D Dollars #t oa= v 0 i 9,Soo • 0G 'q_ C ; ap - Cents 6 200 Retaining Walls L.F. @ pNE - Hvt4 e'a - F,Fni Dollars H iSa• C0 C;C, 'r Cents 7 2,390 4" Paving S.F. @ j E Nr'y Dollars ;t0•- sA30 �9, ©5D• 0Cj . S A 3 0 Cents 8 220 42" Guardrail (chain link) L.F. @ O ti G- i4 u N Dr t!:, Dollars i Vo. cx.D 4i Aaj 'ci- 4> • o rn -s Cents 9 13 12" Curb L.F. @ ONE — wuwarrE Dollars W 00 ,300.00 e _ c ---- Cents 10 128 4" Paving w/ Ret. Finish S.F. @ OaG - 0Uw>7a�> Dollars it 1 M - 0 #" is,Y00-(30 + ° i Cents 11 27 5" Steel Tubing L.F. @ 'TwLl-- 1- VND9� ej_> Dollars #$Ato.Go -M 571,gm• Cc) + c `�i ace — Cents PROJECT BASE BID: Total Amount Bid in Figures: $ / 9h! 90-D . O O Total Amount Bid in Words: �N� y�,u�,q�D - N•NEry - F~v:: rZ -Tyo �5,�� IVil►c- - C-1s PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract on the basis of the project Base Bid alone. Additive Alternate#1 227 L.F. Additional Steel Edging @ Qu6— Dollars fiV ;;;a,7vU•UU * "" •o -- Cents Additive 220 42" C.L. Guard Rail to Steel Tubing Alternate #2 L.F. @ ©NE- I Vx) DrZcI> Dollars if A ;k, OGG . OO t Cents C-2s If awarded the Contract, the i1dersigned 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 jib 1*4 in the amount of $ Zf fM. r" 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. Dane Received Bidder's Si natuie C-2 Lic f OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 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 CONI xACTOR'S QUALIFICATIONh CONTRACTORS wishing to submit a bid must display evidence of technical experience in poured -in -place concrete and shotcrete application. Experience is required in poured -in -place concrete as per the following examples: Skate Park construction Street furniture, benches, pilasters, planters, Treewells, etc. Fountains Garden and retaining walls Sloped and curved concrete pours Experience is required in shotcrete application as per the following examples: Skate Park construction Swimming pools • Lakes or water features Sloped and curved applications Please indicate three examples, with references and phone numbers, of projects you have completed as the general contractor or selected specialty sub -contractors for both poured -in -place concrete and shotcrete: Poured -in -Place Concrete 1. Project Type and Location: P A-K-� Name and Telephone No. of Reference: 2. Project Type and Location: W� %iA�/ 1i✓w2 Name and Telephone No. of Reference: 3. Project Type and Location: Name and Telephone No. of Reference: Shotcrete Application 1. Project Type and Location: 2. a Name and Telephone No. of Reference: Project Type and Location: Name and Telephone No. of Reference: Project Type and Location: Name and Telephone No. of Reference: C-11 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses.. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: M M A I fAvft, I;vt (a'"�� Contact Person: F G �� Contact Phone: i ?l� Signed: M6 Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-12 w" U IVli4LIBU PACIFIC TENNIS COURTS, _INC, 31133 VIA COLINAS SUITE 107 WESTLAKE VILLAGE, CA 91362 818-707.3797 818-706.1951 FAX SKATE PARK REFERENCES City of Bakersriefrl 4101 Truxton Avenue Bakersfield, CA 93309 Greg Cronk — 661-326-3360 Skate Park —1999 - f 170,000 City of Fullerton 303 11' Commonwealth Avenue Fullerton, CA 92832 Karen Kobyaslhl — 714-738-6867 Skate Park — 2001- $350,000 _City of llumineton Park 6550 Aliles Avenue - Huntington Park, CA 90255 Pat Fir -- 323-584-6253 Skate Park--2001- $360,000 City of Malibu 31660 Civic Center Malibu, C4 90265 Richard Calvin Temporary Skate Park —1999 - 531,000 City of Palm Desert 73-510 Fred Haring Drive Palm Desert, CA 92260 Jeff H'Inklepleck — 760-346-0611 Palm Desert Skate Park --1999 - $439,000 M, ofPhoenfr. Arhona 200 West Washington PhoenLr, AZ 85003 Al Sanchez — 602 256-3444 Desert West Skate Park —1998 - $200,000 City 01 Yucaipa 34272 Yucaipa Blvd. Yucaipa, CA 92399 Alike Ferris — 909-797-2489 ext 234 Skate Park —1999 - $109,000 Skate Park — 2002 - $150,000 CommuuUy-Works_Devicn Croup 3750 University Avenue Suite 175 Riverside, CA 92501 Tim Afaloney — 909-369-0700 Skate Park Designer Pleasant Valley Parks and Recreation 1605 Burnley Street Camarillo, CA 93010 John Williantson — 8OS-482-1996 Pleasant Valley Skate Park —1998 - $160,000 Purk is-Rose-R,41 801 North Harbor Blvd. Fullerton, CA 92832 Steve Rose — 714-871-3638 Skate Park Designer It'ornthoudt l and.fMe A Architect 230 Alhambra Avenue Santa Cruz, CA 9S062 Zack 1i'ormhoudt — 831-426-8424 Skate Park Designer City o Santa Ana 10 Civic Center Plaw, Af-22 Santa Ana, CA 92702 Ed Torres — 714-647--5018 Skate Park — 2002 - $439,000 CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476 MALIBU PACIFIC TENNIS COURTS, INC. 31133 VIA COLINAS SUITE 107 WESTL4KE VILLAGE, CA 91362 818-707-3797 618-706-1951 FAX Cl o Sorith Pocrrrlenrr 1102 Orley Street South Pasadena, CA 91030 Veronica Dolleschel — 626-403-7362 Skate Park — 2002 - 5310,000 CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476 SECTION C PROPOSAL for the OAKVIEW PARK SKATE PLAZA CASH CONTRACT No. 1216 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND D 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 NONCOLLUSiON AFFIDAVIT TO DE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange PWI L C,A ATe a- , being first duly sworn, deposes and says that he or she is PKes'ryENr of 11AilAu PodjFio annis aweis,=,e..the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in.any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. m-&-v . 31133 U c r+ Col��vrgS, # to7 �J1�5 Tu4KE Vi u-r+Ge� 0/ /3G a Address of Bidder Subscribed and sworn to before me this j[ day of r► , 20 . NOTARY CAROLINE A. CARTER MMY COMM. #1288725 Notary Public -California yVENTURA COUNTY Comm. Exp. Dec. 29, 2004 [ NOTARY SEAL C-4 tJTILITY AGREEMENT ENT 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 OAKVIEW PARK SKATE PLAZA, (1)(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 further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: q-Yr-03 M a e. tg u� ?A F62 i uNN is CO3jV- ,, z14e Contractor Pa,E6'1 -baN r Title 1. C q ama- C-s In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes ;(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 COMPEN91'rION INSURANCE CERTIFI4..-,iTE 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: Al-- $-03 MALL eu► P�e'�F �c T� NN�s Co uers, SNe. Contractor & � it, C!}1aTx:r2 B ea. s a e Nr Title C-7