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HomeMy WebLinkAboutSMC CONSTRUCTION - 1997-12-01 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HL%%MNGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT CC t05q 4- DATE: 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 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. AN T. V LELLA, Director of Finance I certify that no stop notices are on file on the subject at this time. Date: �L_djln;'h Public Wo ks Director 1 certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: '�'ZS �� �i CONNIE BROCKWAY, Ci lerk I certify that there are no outstanding invoices on file. Date: RI F I DENRICH, City Treasurer t 0011042.01 07/18/96 10:46 AM f'ITY OF HUNTINGTON BEACH Accounts Payable Dematkd Invoice VENDOR NAME: (A C— (fle.)V�,S IL fa� VENDOR#: (If known) PURCHASE ORDER M (if Applicable) ASSIGNED INVOICE#: DATE CHECK DESIRED: Z� ACCOUNT NUMBER AMOUNT TOTAL DESCRIPTION (include address information if different than orginal purchase order): DEPARTMENT APPROVAL ACdbUNTING APPROVAL This form is to be used when processing payments to companies or individuals for which no invoice exists /7•' Recorcea in the ity of orange, California` r /f Gary L. Granv_ a, Clerk/Recorder IIIlllllllllllllllllllllllllllllllllllllllllllllllllllllllll1Jill No Fee WHEN RECORDED MAIL TO: 19986165865 12;00pm 03/24/98 CITY OF'HUNTINGTON BEACH 005 14015271 14 23 Office of the City Clerk N12 1 6.00 0.00 0.00 0.00 0.00 0.00 P.O.Box 190 Huntington Beach,CA 92648 NOTICE OF COMPLETION P" 4,-2A l 5 NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to SMC Construction,who was the company thereon for doing the following work to-wit: Edison Community Park Restroom Americans With Disabilities Act(ADA)Improvements- CC-1057 1; That said work was completed March 16,1998 by said company according to plans and specifications and Z, to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by t C the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, v March 16,1998. That upon said contract Amwest Surety Insurance Company/American Institutes of Architects 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 18th day of March,1998. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 18th day of Marc 199 City Clerk and ex-officio Clerk Hof the City Council of the City 1 of Huntington Beach,California WIV G/followup/ccnoc DECLARATION OF SATISFACTION OF CLAIMS 1, -AV C�AK:e� , state: 1. I am the general contractor for the City of Huntington//Beach, as to the project more fully described in the public works contract entitled and dated sllllfrgf 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") 111de I declare under penalty of perjury that the foregoing is true and correct. Executed at C���"���' on this day of ONw4e ' , 19987 ignature o Contractor) g cc`cashcon2 City of Huntington Beach Department of Public Works Post Office 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 /e 6'7c���a� Co,�ito�i �'�,��Ph► Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Sign tore and Ti g cc cashconl 'I,p^ .. HB CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: DARYL SMITH, Acting Director of Public Works FROM: GAIL HUTTON, City Attorney DATE: March 23, 1998 SUBJECT: RLS 98-160; Performance Bond guarantees BACKGROUND: i The standard Public Works construction agreement requires the contractor to provide three bonds. One bond for the guarantee of faithful performance of the work, another for the contractor's guarantee of payment of all claims for labor and materials furnished, and the final bond for a warranty of performance by contractor for one year after City's acceptance. SMC Construction, the contractor for the Edison Park restroom ADA renovation project, has submitted a performance bond with a modification to meet the bond requirement regarding warranting the work for one year after acceptance. ISSUE: Will the performance bond with the modified language cover the one year guarantee? ANSWER: Yes, the specific modifications to the performance bond guarantee all work for a period of one year after date of acceptance. ANALYSIS: Although the construction contract requires three bonds from the contractor upon entering performance of this agreement, the performance bond submitted by SMC Construction, underwritten by Amwest Surety Insurance Company specifically includes the requisite bond coverage for faithful performance and warranty of such performance for one year after City's acceptance. Page 2 Acting Director of Public Works RLS 98-160 CONCLUSION: The performance bond submitted by SMC Construction meets the bonding requirements for faithful performance and —warranty. GAIL HUTTON, City Attorney /k i imp/k/memo/smc/3/18/98 Recoraea in the 1ty of orange, california Gary L. Granville, Clerk/Recorder No Fee WHEN RECORDED MAIL TO: 19980165805 12:00pm 03/24/98 CITY OF HUNTINGTON BEACH 005 14015271 14 23 Office of the City Clerk N12 1 6.00 0.00 0.00 0.00 0.00 0.00 P.O.Box 190 Huntington Beach,CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to SMC Construction,who was the company thereon for doing the following work to-wit: Edison Community Park Restroom Americans With Disabilities Act(ADA)Improvements- CC-1057 I That said work was completed March 16,1998 by said company according to plans and specifications and ZA to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, March 16,1998. That upon said contract Amwest Surety Insurance Company/American Institutes of Architects 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 18th day of March,1998. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 18th day of March,199 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California G/followup/ccnoc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 18, 1998 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. S' ce rely y urs, e Connie Brockway City Clerk CB/jc Enclosure: Notice of Completion - CC-1057 - SMC Construction ccnocd1tr\\CC-1057.jc (Telephone:714536-5227) � fl _ 1SPy✓ Council/Agency Meeting Held: /Go 9 8 (ox-6T 51n VDe erred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's igna re Council Meeting Date: March 16, 1998 Department ID Number: PW 98-025 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERfp m Z-4-�� N eu-<c,rn SUBMITTED BY: RAY SILVER, Acting City Administratord""' C, a � a PREPARED BY: DK I'ARYL D. SMITH, Acting Director of Public Works DAVID BIGGS, Director of Economic Development SUBJECT: Accept the Edison Community Park Restroom Americans With Disabilities Act (ADA) Improvements; CC 1057 and File Notice of Completion Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: SMC Construction, has completed its contract for the construction of the Edison Community Park Restroom ADA Improvements; CC 1057. Funding Sufficient CDBG Funds were authorized for this project. Recommended Action: Motion To: Accept the improvements of the Edison Community Park Restroom ADA Improvements; CC 1057 and File Notice of Completion at a final cost of $61,082 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. REQUEST FOR COUNCIL ACTION MEETING DATE: March 16, 1998 DEPARTMENT ID NUMBER: PW 98-025 Analysis: On December 1, 1997, Council awarded a contract to SMC Construction Company, in the amount of $55,785. The adopted contract budget also included $5,579 to cover anticipated change orders and $15,000 for Supplemental Expenses, for a total of $76,364 to construct the Edison Community Park Restroom ADA Improvements; CC 1057. The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of the project costs: Council Approved Actual Expenditures 1. Contract Amount: $55,785 $55,785 2. Change orders: 5,579 5,297 Subtotal: $61,364 $61,082 3. Supplemental Expenses: 15,000 15,000* Total: $76,364 $76,082 Five change orders were issued for this project: * This is an estimated amount and includes all materials furnished and installed by the City such as doors and hardware, outside painting services and other outside services. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number None Author: Charlonne 0030324.01 -2- 02/25/98 1:09 PM RCA ROUTING ?1HEET INITIATING Public Works DEPARTMENT: SUBJECT: Accept the Edison Community Park Restroom ADA Improvements; CC 1057 and File Notice of Completion COUNCIL MEETING DATE: March 16, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR ED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) i am a Citizen of the United States and a PUBLIC NOTICE herebyThaAGENCY mats ely en- SECTION A sures that minority busl- resident of the County aforesaid I am NOTICE INVITING nesseMerrprises will beaf- SEALED BIDS forded full opportunity to over the age of eighteen years, and not a for the ais noticesand willonot be Edison Community discriminated against on party to or interested in the below ParkRestreom the basis of race.color,na- ADA Renovation tional origin, ancestry, sex, entitled matter. I am a principal clerk of In the or religion in any consider- CITYOF atlon leading to the award the HUNTINGTON BEACH INDEPENDENT a HUNTiNGTON of contract BEACH No bid shall be consid- newspa er of general circulation printed PUBLIC NOTICE IS erect unless it is prepared i on the approved Proposal HEREBY GIVEN that the forms in conformance with and published in the City of Huntington CITY OF HUNTINGTON the Instructions to Bidders. BEACH, as AGENCY, in- The bid must be ac- B e a c h, County of Orange, State o i i vfts sealed bids for the companied by a certified above stated projects and d7eck, cashier's check, or will receive such bids in, bidders bond made pay- Ca i ornia, and that attached Notice is a the office of the City Clerk, able to the AGENCY for an Second Floor, 2000 Main amount no less than 10% true and complete copy as was printed Street, Huntington Beach, of the amount bid. The and published i n the Huntington Beach hour of 92648, .' n the I successful bidder shall be hour of 2:00 P.M., on No- licensed in accordance rovisions of the Busi- and Fountain galley issues of said empubicdber 2lyy1o9pp7eenBins the l ness with and Professions Code Council Chambare unless and shall possess a State newspaper to wit the issue(s) of: otherwise posted. Contractor License Class Copies of the Plans, at the time of the bid open- Specifications, and con- ing. The successful Con- tract documents are avail- tractor and his subcontract able from the Office of the tors will be required to pos- Director of Public Works, sess business licenses October 23, 1997 2000 Main Street, Hunting- from the AGENCY. ton Beach,CA 92648,upon The AGENCY October 30, 1997 Nam 0 nonce- reserves the right to reject ked upp, any or ail bids, to waive $25.00any Irregularity and to take November 6 , 1997 fee if all bids under advisement fie, for a maximum period of This is a Davis-Bacon 60 days. ORDER project and the Federal BY Reulations will be on. of the CITY COUNCIL of I declare, under penalty of perjury, that forcged. Any contract on. the CITY OF HUNTINGTON Bred into pursuant to this BEE H, CALIFORNIA, the the foregoing is true and correct. notice will Incorporate the y of October 1997. prov�Ions of the Federal Attest: Labor Standards,which are Connie Brockway on file at the Office of the CITY CLERK Director of Public Works, OF THE CITY OF 20M Main Street, Hunting- HUNTINGTON ExecuLed on November 6 , 1997 ton Beach,CA 92648. BEACH at Costa Mesa, California. do"The AGENCY Published Huntington from all progress pay- Beach-Fountain Valley In- ments.The Contractor may dependent October 23.30, substitute an escrow holder November S.1997. surety of equal value to the 104527 retention in accordance --with the provisions of the California Government Code, Won 4590. The Contractor shall bebenefl- dal owner of the surety r and shall recelve any inter- est thereon. Signature IP .Q, 16/43) 10/304 it 1 b/Q i SECTION A ''"-V /0%1Iq-7 ma NOTICE INVITING SEALED BIDS for the Edison Community Park Restroom ADA Renovation CASH CONTRACT No. 1057 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on November 12, 1997. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if 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. A-1 I 4 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of October 1997. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 I CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: I)e C e?n 6-e. Ae / 9 7' TO: aS�eon6l.,eoe-7'1'o n t!o • ATTENTION: QZ N egi n i + Name ey7 �L C'oY� bra C7�Dr� DEPARTMENT: Street /QEcS Ti�ODm /ono✓�n o� Cos&o- /'Y1e,s Q, <iF Flo?6, !o REGARDING: Ey/Alan/ City,State,Zip See Attached Action Agenda Item Date of Approval /A� Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. azt"T Connie Brockway City Clerk Attachments: Action Agenda Pa Agreement Bonds ✓ Insurance RCA Deed Other Remarks: hl-CTi a� cc: -Jo ne S DpW ✓ R6E/Ja� P��C ' Department , RCAF Agreement Insurance Other , h a,rl o n n e. y�/ / t/ V/ Nam _ Department RCA _ Agree me:}t Insurance Other / IG6 S �e. .ytc✓ ✓/ ✓/ ✓/ ✓ Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy ✓/ G:Followup/agrmts/transltr (Telephone:714-536-5227) tj, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK RE: Construction of 1�e n6)1a-6'0 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. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT 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 Don Noble, Contracts Administrator, 536-5441 . e'� �&z Connie Brockway City Clerk CB:.bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (Telephone:714-536-5227) City of Huntington Beach Department of Public Works Post Office 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 Project No. Title hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract-or training program provisions applicable to the wage rate paid. Signature and Title g:cc ca-shconI 4,Y DECLARATION OF SATISFACTION OF CLAIMS I, , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled , 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 on this day of , 1994. (Signature of Contractor) g:cc`,cashcon2 1, 'Nr"Gil, . •'Y. (12) 12/15/97 - Counchiptgency Agenda - Page 12 E-19. (City Council)Authorize Award Of Construction Contract To SMC Construction Company For The Edison Community Park Restroom ADA(Americans With Disabilities Act) Renovation Project - CC-1057 - Magnolia Avenue Between Atlanta & Hamilton Avenues -Approve the low responsive-responsible bid submitted by the SMC Construction Company, for the Edison Community Park Restroom ADA Renovation Project; CC-1057 and located at Magnolia Avenue between Atlanta & Hamilton Avenues; 2. Authorize the Mayor and City Clerk to execute the Construction Contract in the amount of$55,785.00; and 3. Authorize the Public Works Director to expend a total of$76,364 including the contract amount of$55,785, estimated construction contingency of $5,579 and supplemental expenditures of$15,000. Submitted by the Economic Development Director and Public Works Director [Approved 6-0 (Sullivan absent from room)] E-20. (City Council)Authorize Award Of Construction Contract To Consolidated Waste Industries, Inc. For Cleaning Of 54" Storm Drain Line - MSC-392 -w/s Gothard Street - Between Warner And Slater Avenues - 1. Accept the low responsive/responsible bid of $195,747 submitted by Consolidated Waste Industries, Inc. for the cleaning of the 54" Storm Drain Line - MSC-392 on the west side of Gothard Street between Warner and Slater Avenues; 2. Authorize the project budget of$250,000 to cover contract costs of $195,747, a change order budget of$48,936 and incidental expenditures not to exceed $5,317; and 3. Approve the attached sample contract, excluding the requirement of Performance, Labor and Material and Warranty Bonds, and authorize the Mayor and City Clerk to execute the final contract subject to the acceptance of the low bid submitted by Consolidated Waste Industries, Inc. Submitted by the Public Works Director [Approved 7-01 E-21. (City Council) Approve Downtown Hardscape (Sidewalk) High Pressure Water Cleaning -Appropriation Of Funds Approve appropriation of$17,000 from the unencumbered general fund balance to Account No. E-AA-PW-541-3-90-00 contractual services, to clean and seal certain downtown hardscape (sidewalk) areas. Submitted by the Public Works Director [Approved 6-0 (Sullivan absent from room)] E-22. (City Council) Approve The Construction Contract Between The City &James Campbell dba Craig Industries Painting - For The Painting Of The Main Promenade Parking Structure -Approve the City Funded Construction Contract between the City of Huntington Beach and James Campbell, dba Craig Industries Painting for Painting Main Promenade Parking Structure (interior and exterior) for$82,000 and authorize the Mayor and City Clerk to execute same. Submitted by the Public Works Director [Approved 6-0 (Sullivan absent from room)] E-23. (City Council)Adopt Resolution No. 97-88 To Modify Certain Benefits And Salary For Non-Represented Employees - 1. Adopt Resolution No. 97-88 - "A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Fiscal Years 1997198 and 1998199 for Non-Represented Employees" Modifies Resolution No. 6567 and establishes benefits and salary adjustments for Non-Represented employees; and 2. Appropriate $48,806 to pay the increased salary and benefit costs for 1997/98. Submitted by the Deputy City Administrator-Administrative Services Director [Adopted 7-0] (12) CITY OF HUNTINGTON BEACH- � MEETING DATE: December 1, 1997 DEPARTMENT ID NUMBER: PW97-095 Council/Agency Meeting Held: %,Z9 7 Deferred/Continu QApp o ❑ Condition��ly A roved ❑ Denied A2 City Clerk' Signature Council Meeting Date: December 1, 1997 Department ID Number: PW97-095 CITY OF HUNTINGTON BEAC REQUEST FOR COUNCIL ACTION c x cm +c z SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL SUBMITTED BY: RAY SILVER, Acting City Administrator OQ-e �' y PREPARED BY: IMS M. JONES II, Director of Public Works i DAVID C. BIGGS, Director of Economic Development SUBJECT: Authorization to Award Construction Contract.for the Edison Community Park Restroom ADA Renovation Project; CC 1057 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On November 12, 1997, the City Clerk received and opened bids for the Edison Community Park Restroom ADA Renovation Project; CC 1057, and the project now stands ready to award. Funding Source: CDBG funds totaling $80,000 approved in fiscal year 1997 are available in account E-HR-ED-819-6-31-00. Recommended Action: Motion to: 1. Approve the low responsive/responsible bid submitted by the SMC Construction Company, for the Edison Community Park Restroom ADA Renovation Project; CC 1057; and 2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $55,785.00; and 3. Authorize the Director of Public Works to expend a total of $76,364 including the contract amount of $55,785, estimated construction contingency of $5,579 and supplemental expenditures of$15,000. Alternative Action(s): Cancel the construction project or authorize the rebidding of the project. } 0028792.01 -2- 11/17/97 4:25 PM REQUEST FOR COUNCIL ACTION MEETING DATE: December 1, 1997 DEPARTMENT ID NUMBER: PW97-095 Alternative Action(s): Cancel the construction project or authorize the rebidding of the project. Analysis: This project involves the renovation of the Edison Community Park restrooms, public amenties such as outdoor sinks, barbeque and parking to comply with the Americans with Disabilities Act. On October 15, 1997, the Public Works Commission approved a motion to authorize advertising of the project for construction. On October 20, 1997, the City Council approved plans, specifications, sample contract and authorized the Director of Public Works to solicit bids for the Edison Community Park Restroom ADA Renovation Project; CC 1057. On November 12, 1997, bids were received and publicly opened by the City Clerk. The engineers estimate for this project including City furnished materials and labor was $80,000. Summarized below, in order of least dollar amount, are the bids submitted to the City of Huntington Beach: 1. SMC Construction Company...................................................................:.$55,785.00 2. EMS Construstion Company..................................................................... $68,350.00 Environmental Status: The project is Categorically Exempt prusuant to the California Enviornmental Quality Act, Setion 15301 (c). Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2 Contractors Reference Check RCA Author: Charlonne 0028792.01 -3- 11/20/97 9:05 AM ATTACHMENT 1 f f� f r13.01. JA mNn- A SA (~n (n NMc FADDE EDINGER 0 FHE v ¢ AVE. m a z ¢ m a o N Q 0 WARNER N W W JAVE. 0 SLATER 1 IAV o N 405 A TALBERT = AV '9n o PACIFIC ELLIS 0 AVE. GARFIELDV I AVE. �. Cif N N N d'1- A% AVE. 3 ��. 1 ADA S AVE. N cr D �'��,� INDIANAPOLIS AVE. a q o ¢ 0 0 J 0. m TLANTA < zo = AVE. m ui a HLTONm AVE. OCEAN tilyy. BANNING AVE. PROJECT LOCATION N KEY MAP N.T.S. CC - 1057 EDISON COMMUNITY PARK ADA RESTROOM RENOVATION >>� CITY OF HUNTINGTON BEACH � 10/03/97 DEPARTMENT OF PUBLIC WORKS G:\ACAD\CC1057\1057LM.DWG ATTACHMENT 2 7 �. CITY OF HUNTINGTON BEACH �t4 INTERDEPARTMENTAL COMMUNICATION TO: Cash Contract File 1057 FROM: Eric R. Charlonne, Civil Engineering Assistant SUBJECT: REFERENCE CHECK; SMC Construction; CC 1057 DATE: November 12, 1997 A: City of B: Santa Ana USD C: Santa Monica USD: QUESTIONS Cypress Name:John Name:Julie Leap Nm. Mark Revines Phone(310)452-5058 Chrisifell Ph:(714)236-3808 Ph.(714)229-6740 1 Did contractor work well with your agency? Very Well Yes Yes 2 Did they change personnel during the job? No No No 3 Were there any problems with No No No subcontractors or suppliers(stop notices)? 4 Did general and subcontractors work Yes Yes Yes consistently on the project? 5 Was the project completed on time? Yes Yes Yes 6 How was the quality of the work? Very Good Very Good Very Good 7 Would you hire this general contractor Yes Yes Yes again? 8 Are the contractors' andsubcontractors :_:.:...•�.... ...::.::.::.:::::::::::::.,:.:::::.<,.•e.,...I:==.:. .,,,:,:. ,frQ'4S: ...5....L....<.:.L..:. :I::b'::::::::::::::,::::::, ::::.:•::::%:::::::.:1:L::...L.....a.f. :IiIS�iiYy:i: ::1:•,:I�:is��:'r:rti:?$yl:,:{;:::ii::tii}$::$:::$J::i:•i::::ii::::$::::;:,L:.:::i:'.::::f::::::':::':':::y I.»I.. licenses current and verified with State ...L...,o.:m::w,:.v:nq•I:::S:Nw:;}i.•.:i.:•:•:.A}:.:.:.:•'.•:g:•'•3::::.:•:.:•:.:•:.:.7:.... ..I.L... :♦ P:•I•S: :I+ :1:$:'.:,: ::A•.::,:::::�y:<:;:a'�?�:: ?: {is::::�::::::�:� ::::I: � y� 1:i:::: nL.L........ :•:.ass:::::::>ss�•ss::,. .:::::.._. Contractors License Bureau. YES ,,;I>;,.,:.:•L•.:.:::.=.L.........:...>. '.:•il:.:'{.:•:}:1=isij:......PI J:L.n,......IJ.... :.,:::.:.:.i:.ii::. :.:•:.sl:.:.s:.:.:.:'.::::::.:::: ::.::>::.::::::.•:.:.:.:.:.'•:•:,:•:•:... IS.•M.n•.•.::::::::::.•::A•.•t.•:.,..•y,:•hylvi•'s.•L•.•=.y:.=•Y,....:..•,:,,.::.ii�::.:v.::::• ..•.•AI:.:C:i•:Y::?•A•.:.:.•:•:•:•:•:•••:• :.:•:=yyP.xi:•::}:i:<.:::::::.•i.•o.•,..•:h.•,.Y•:1,..•i:•PY.:y::H yM}L}eL.�.:•:::::::..:A.....•:::::::•::::::::::.... .:::_?::.: 9 Are there any outstanding complaints .•od•P✓Pee ..YI.I.:.. .I. ::12 a:: S1.:C}:ti.:?:::PI::::•o.': ..f.::::.: ••%I;.L. :q:I:I:• .:..:::::: ti:A....e�..o..,. ,vI•„ .PPI.:•ioe'•.di;= .:d :.:I.SI.. tt: the contractor with the State against lodged a �����__ �•>:•,. ..,: 'St��L.P:.•:.•.•�'3�� 1'''''yf'��� :.:.a=::•.•..:...I:.�..L:Iu..N.:.A.w.I•Yy�'yy��1�l�:I::::::Y�$ .PPb:..•.•.•..... : 9 9 : 1:•:I:.:•:. ::..P•4.✓?,:.•,,�...Iy».•:.•e,•i?:•:•:..•.•0.•40 .•...•Y:II,U.•.1.tL.:}:•q py;ry..:ysI:•o. Contractor's 'c o O Licensing Bard. N 9 I.. 10 Comments: Very Responsive to the School District A: New Building $79,000 B: New Building $212,000 C: New Building $160,000 0028790.01 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SMC CONSTRUCTION COMPANY FOR THE EDISON COMMUNITY PARK RESTROOM ADA RENOVATION Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 5 3. COMPENSATION 6 4. COMMENCEMENT OF PROJECT 7 5. TIME OF THE ESSENCE 7 6. CHANGES 8 7. NOTICE TO PROCEED 8 8. BONDS 9 9. WARRANTIES 9 10. MINIMUM WAGE 9 11. PREVAILING WAGE LAW 13 12 WITHHOLDING 13 13. HEALTH&SAFETY 14 14. PAYMENT OF TRAVEL& SUBSISTENCE 15 15. APPRENTICES AND TRAINEES 15 16. PAYROLLS &BASIC RECORD 17 17. WITHHOLDING FOR UNPAID WAGES 20 18. LIQUIDATED DAMAGES/DELAYS 21 19. SUBCONTRACTS 23 20. INDEPENDENT CONTRACTOR 23 21. DIFFERING SITE CONDITIONS 23 22. VARIATIONS IN ESTIMATED QUANTITIES 24 23. PROGRESS PAYMENTS 25 24. WITHHELD CONTRACT FUNDS 26 25. AFFIDAVITS OF SATISFACTION OF CLAIMS 26 26 WAIVER OF CLAIMS 26 27 INDEMNIFICATION,DEFENSE,HOLD HARMLESS 26 28. WORKERS COMPENSATION INSURANCE 27 29 INSURANCE 28 30. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 29 31. DEFAULT&TERMINATION 30 32. DISPOSITION OF PLANS, ESTIMATES AND OTHER 30 33 NON-ASSIGNABILITY 31 34. CITY EMPLOYEES AND OFFICIALS 31 35. STOP NOTICES 31 36. NOTICES 31 37. CAPTIONS 32 38. FEDERAL PARTICIPATION 32 39. DAVIS-BACON ACT 32 40. DISPUTES CONCERNING LABOR STANDARDS 33 41. CERTIFICATION OF ELIGIBILITY 33 42. DISCRIMINATION,MINORITIES,ALIENS 34 43. EQUAL EMPLOYMENT OPPORTUNITY 34 44. COPELAND ACT 35 45. CONTRACT WORK HOURS 35 46. CLEAN AIR ACT 36 47. ENERGY CONSERVATION 37 48. HOUSING AND URBAN DEVELOPMENT 37 49. SUBCONTRACTS 37 50. CONTRACT TERMINATION; DEBARMENT 38 51. COMPLAINTS PROCEEDINGS OR TESTIMONY 38 52. CONTRACT WORK HOURS AND SAFETY STANDARDS 38 53. VIOLATION;LIABILITY FOR UNPAID WAGES 39 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED 39 55. ATTORNEY FEES 40 56. ENTIRETY 40 FEDERALLY FUNDED COND4UNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SMC CONSTRUCTION COMPANY FOR THE EDISON CON24UNITY PARK RESTROOM ADA RENOVATION THIS AGREEMENT is made and entered into on this Jr'fh day of 199,, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., SMC CONSTRUCTION COMPANY, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as Edison Community Park Restroom ADA Renovation in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low- Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income 1 4/s:4-97Agree:Edism RLS 97-768 7/k/11/21/97 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 The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. 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 13 S. 2 41s:4-97.Agree:Ediam RL3 97-769 7/k/11/21/97 CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1)after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b)of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible(i)preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 3 44:4-97Agrec:Edim RES 97-769 7/k/11/21/97 CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents(as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. 4 44:4-97AV=Edison RIS 97-768 7/k/11/21/97 It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California. 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOM proposal(attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 5 4/r4-97AgracEdison ALS 97-769 7AJ11/21/97 Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Fifty- Five Thousand Seven Hundred Eighty Five Dollars($55,785) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROTECT CONTRACTOR agrees to commence the PROJECT within ten(10)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within thirty(30)working days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. 6 4/s:4-97Agree:Ediscn RIS 97-768 MU11/Z1/97 CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR;thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7 4/s:497Ag=:Edi9on RLS 97-769 7/k/11/21/97 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent(100%)of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one(1)year after CITY's acceptance thereof; and one in the amount of one hundred percent(100%)of the contract price to guarantee payment of all claims for labor and materials furnished. 9. -WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten(10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten(10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 8 4/s:497AV=:FAiwn RLS 97-769 7/k/11/21/97 10. NUNDAUM 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 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 9 4/.:4-97ngree:Ediwa US 97-768 7/k/11/21/97 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(axl)(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 contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification(if known), or their representatives, and HUD or its designee agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30- 10 4/s:4-97A&m:Edison RIS 97-769 7/k/11/21/97 day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate),HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate(including fringe benefits where appropriate) determined pursuant to subparagraphs(1)(b) or(c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, 11 44:4-97AWmEdiwn RIS 97-769 7W11l21l97 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.) 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development("HUD")the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of 12 4/::4-97Agmv:EA9on RLS 97-768 7/k/11/21/97 wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 13. HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply 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 13 4/s:4-97Agm:Ediwn RIS 97-769 7/k/11/21/97 shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL..AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship . 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 14 41s:4-97Agree:Ediwn RL S 97-769 7WI l/2l/97 construction on a project in a locality other than that in which its program is registered, the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than 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 15 4/sA-97Agr"XAson RIS 97-769 7/k/11/21/97 applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for 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 16 44:4-97Agm:Edison R1.s 97-768 7/k/11/21/97 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 (axIXiv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to 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 17 4/s:4-97Agree:Edixm RIS 97-768 7/k/11/21/97 submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic(including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 191- and Section 231 of Title 31 of the United States Code. 18 4/s:4-97Ag[ee:E4iwn RLS 97-769 Wk/11/21/97 The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i)of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available,HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph(2) of this paragraph. 18. 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 working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, 19 4/a:4-97Agee:Edison RIS 97-768 7/k/11/21/97 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 Five Hundred Dollars($500)per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen(15) days from the beginning of any such delay(unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay, and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or 20 44:4-97Agree:Mson RLS 97-769 7401/21/97 other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15)days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph(1)through(4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs(1)through(4)of this paragraph. 20. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll 21 4/s:4-97Ag=:Ediwn RLs 97-769 7/k/11/21/97 deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities 22 4/r4-97ASm:F,disw ItIS 97-769 7Ac/11/21/9 listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent(10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%)or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent(100%)of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five(35) days after the acceptance of the work and the filing of a notice of completion by CITY. payments shall be made on demands 23 4/r. 97 ► RLS 97-769 7/k/11/21/97 drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 24. WITMIELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. 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. 24 Vs:497Agroe:Ediwn RI.S 97-769 7/k/11/21/97 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 28. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars($250,000)bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors'employees. CONTRACTOR shall furnish to 25 44:4-97ASwIdison RLS 97-769 7/k/11/2 1/97 CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 26 4/i:4-97Agee:Ediwn RLS 97-769 7/k/11/21/97 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30)days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other farm of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 27 4/s:4-97A m:FAiwn RLS 97-769 7/k/11/21/97 31. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 33. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 28 4/s:4A7AVw:Edison RLS 97-768 7/k/11/21/97 34. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 35. STOP NOTICES;RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars($100)for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such Ply 29 4/s:497A8rft:Edison RI.S 97.768 7/k/I I/21/97 37. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply; and CONTRACTOR agrees to comply therewith. 39. 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. 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes 30 4/s:4-97Ag=:Edis= RLS 97-769 7/k/11/21/97 between the CONTRACTOR(or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it(nor he or she)nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or 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 Anfluencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than$5,000 or imprisoned not more than two years, or both." 42. DISCRIMINATION MINORITIES ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to 31 4/s:4 s7AVw:FA6= RIS 97-769 7WI1/21/97 hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 43. 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. 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 C 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. 32 44:4-97ASm:Edism MS 77-7" 44. COPELAND "ANTI-KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 45. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act(40 USC 327 et seq.) as supplemented by Department of Labor regulations(29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8)hours and standard workweek of forty(40)hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight(8) hours in any calendar day or forty(40)hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms"laborers" and"mechanics" include watchmen and guards. 33 4/s:447AV=:Edium MIS 97-768 7/k/I I/21/97 46. RAPLEMENTATION 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, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph(a)thorough(d)of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 47. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation-plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 34 4/::4-97AVw:FAfim RLS 97-762 7/k/11/21/97 48. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 49. SUBCONTRACTS. The CONTRACTOR or subcontractor 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 contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION;DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS, PROCEEDINGS. OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 35 4/s:4.97AVw:Ediwn RLS 97-768 7/k/11/21/97 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVER REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATIONa LIABILITY FOR UNPAID WAGES.• LIQUIDATED DAMAGES In the event of any violation of the clause set forth in subparagraph(1) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States(in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph(1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight 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. 36 4/a:4.97A M:Edisw RLS 97-768 7/k/11/21/97 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 55. ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. Rest of Page Not Used 37 44:4-97Hgm:Edison RLS 97-769 7Ac/11/21/97 56. ENTIRETY The foregoing represents the entire Agreement between the parties. 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 A SMC CONSTRUCTION COMPANY municipal corporation of the State of 'forma By: egini, sole proprietor Mayor REVIEWED AND APPROVED: ATTEST: Acti City Administrator City Clerk APPROVED AS TO FORM: Ity Attorney INITIATE APPROVED: 1��1� '-e Director o ubll Works 38 44:4-97Agree:Edison RLS 97-768 7/k/11/21/97 ��ist�i�♦® T.- :11/17/1997 PRODUCER ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Kessler Alair Ins . Svcs . , Inc . DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2345 W. Foothill Blvd. , #3 POLICIES BELOW. Upland, CA 91786-3584 COMPANIES AFFORDING COVERAGE (909) " 931-1500 Lic . #OA91387 `OAR Y A Mercury Casualty Company COMPANY B _ - ... ... .. .. -..--- .- ... .. -.. .._ LETTER INSURED - "- yy SMC Construction Co. LETTER COMPANY C General Contractors 3303 Harbor Blvd. Ste . E-8 COMPANY v� L_GTTEA D Costa Mesa, CA 9262E COMPANY E LETTER COVERAGES,. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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 LTA DATE (MM/DDIYY) DATE(MM/DD/YY) -GENERAL LIABILITY GENERAL AGGREGATE "S - COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. .$ CLAIMS MADE OCCUR. : PERSONAL&ADV.INJURY $ OWNERS&CONTRACTOR'S PROT. EACH OCCURRENCE S PPE DAMAGE(Any one fire) S MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY - COMBINED SINGLE ANY AUTO AC11019262 LIMIT $ 1, 000, 0 Q ALL OWNED AUTOS :0 7/2 7/9 7 0 7 2 7 9 8"BODILY INJURY X SCHEDULED AUTOS (Per person) S X HIRED AUTOS - -BODILY INJURY X NON-OWNED AUTOS (Per accident) S GARAGE LIABILITY - -" -PROPERTY DAMAGE S EXCESS LIABILITY , EACH OCCURRENCE :S - .. .......................I.-.............................................................. UMBRELLA FORM AGGREGATE -. $ - OTHER THAN UMBRELLA FORM 1> --... .....- --. �... -� ... .. _ ........ .. .._..... ........ ..._..-......... ...._ ........ WORKERS COM PENSATION ''.. 2r�a STATUTORY LIMITS.. .. _.. ....AND :, �: fry EACH AcclDErr...... .............5......_.............. ........... ��Y Llkk, DISEASE-POLICY LIMIT S EMPLOYERS' LIABILITY - (': DISEASE-EACH EMPLOYEE S _........................_... _............. _....-.- _.-._ _..... - OTHER ._ ...... -.- ........ ................... ..... _ ... .. ... .. DESCRIPTION OF OPERATIONS/LOCATK)NSIYEHICLESISPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO OPERATIONS PERFORMED BY THIS SPECIFIC POLICY. **10 "DAY NOTICE OF CANCELLATION OF NON-PAYMENT OF PREMIUM CERTIFICATE:fiOLIIER- : CAtICELLpTiQN::.;> SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL N MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF HUNTINGTON BEACH 2000 MAINE ST. P.O. BOX;190 ......-AUTHgAMID.REP,RESENT417VE HUNTINGTON BEACH CA 92648 .: .... ACORD 25-S A .._ ........... . ... <.J is Y Y 'i(;:I1 I• M1 .s... ];Y�7 azwm»f �w:1•�ILkJ�;�•; S at.� :. 11/ 19 /97 '� � l 1,1 Fl Contractors Network nce. Service µ Insura HOLDER. Irm, C9RnFICATR,0O s,'NOT-Ammoi EXTEND oR 2000 E. Fourth St. ALTER THE?COVEfiACIiE AFFORDED-BY THE POLICIES BELOW. Suite 205 COMPAMES AFFORDING COVERAGE Santa Ana CA 92705- COMPANY (714) 285-1385 ( } - A First Financial Insurance Company Ifev"o COMPANY Chegini Enterprises, Inc. e dba SMC Construction COMPANY 3303 Harbor Blvd. , Suite E8 C Costa Mesa CA 92626- COMPANY ! /57 cl+-7 714) 825-057,0 ..t��`'t�'Y RYkY%j?f. `l�v�•' 'i .?f."��e�'���'� yy @tE�';`. �'�,,• �p�'j'i�i;>�e� u.,. ^Y'tl. i ' .:-:2 .,'b �", .��-'•- at C. dE., r��c�tlCMy¢,tIB.: ::fJli►1,�x:. .1SIi... ?I.P� +ra,--:. Piu THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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. POUCYEFFECTIVE POUCTWIMTIO11 LYA' TYPE OF IN6VRANCE POLICY NUMBER DATE(MM/DD/M DATE PJMMO/MUMITS A.GENERAL UA9IUTY ( GENERAL AGGREGATE f 10 0 0 0 0 0 X COMMERCIAL GENERAL UAaIUTY FF 016 0 G414 6 4 3 01/15/9 7 01/15/9 8 np ooucm-cowvp Aaa f 10 0 0 0 0 0 OCCUR KIS M ONAL&ACV UURY $10 0 0 0 0 0 CLAIMS MADE OWNER'S&CONTRACTOR'S PMT I I ( EACH OOCURRENCE 81000000 ass DAMAGE(An on$+*) S 50000 MED EV VM one pwwnl S 1000 Awomoame uABIuw ANY AUTO I I / COMBINED SINGLE LIMIT S ALL OWNED AUTOS ;DOpILYSWURY SCHEDULED AUTOS I(Per person) S MIRED AUTOS DOURLY INJURY f NON-OWNED AUTOS �` ' T {P�►A U 1T C,r�IL C Ai ' 1 1 PAOPERRIY DAMAGE S I'�Y GARAOEUAswTY BY Attorn0I AUTO ONLY-EA ACCIDENT S ANY AUTO 0 r 1 �r / / / / O'MER THAN AUTO ONLY: 1 EACH ACCIDENT S AGGREGATE,5 EXCESS UABILITY I I EACH OCCURRENCE 13 UMBRELLA FORM / / I / AGGREGATE S OTNERTHAN UMBREUAFORM $ I I 9 COMPENSATION AND VAPLOV / / �1 / / EMPLOYERS'LIAHLITY ; EL EACH ACCIDENTTOM PROPRIeTOR1 f PARTNERSADMCUTME Ill �i`"t EL DISEASE-P000Y UWIR f OFFICERS ARE; EXCL r �",-'•� L EL DIBEASH-EA EMPLOYEE S I OTHER y.t DESCRIPTION OF OPMTIONSILOCAT10MSNEX=11 VEC1AL ITEMS Certificate holder, agents, officers and employees are named as additional insureds per attached BGG1971295 with respects to all job operations performed by the named insured. 10 daX notice for noUayment of premium. SHOULD ANY OF THE ABOVE OESCRIOED FOUCIE3 BE CAMcu EO BEFORE THE EIPIRATION DATE THE REoP THE UBRI COMPANY WILL.XIIWIP l)(MAIL City of Huntington"Beach ,Q_D wmrmu To THE CEImnMM 140UH I NAMED TO THE LWTP 2000- Main Street: : llW x q + g +�t�►I"'W" IlE N4(gElW�14)7MC P.O. Box 190 Huntington Beach CA 92648 `' a G IN 0 V. ly. I EAD IT-CAAEFULL*. THE-POLICY­ PLEASE It- ADDITIONAL INSURED O"ERS, LESSEES og CONTRACTORS This erw6oreft'nent utodifieS insurance provided jx%der the foltowing- COMMEACIAL GENERAL LIABILITY COVERAGE PART SCHEDULE /��s/ Ram of Person or OrVani Tat ion: City of Huntington Beach 2000 Main Street P . O. Box 190 Huntington Beach , CA 92648 WHO IS AX INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, bvt enty with respect to liability arising out of "your work" for that insured or for you. This inwrarce dons not apply to airy "occurrence" arising out of the neglect or negligence of the Person or Organization, rowed in the Schedule. All of the provisions and exclusions of the policy that apply to LIASIL:TY COVERAGE.also apply to this endorsement. GG-C-14;7 1295 11/20/1997 08:35 � 60295 3 eINSURANCE-SERVT^CS` �` PAGE� DATE(MUMOfM Ar-Qtq-D- CERTIFICffEOF LIABILITY, INSV"WCIII�Rv 4 ' j " I - 1 11420/97 %Tf8dLj*T I�ZQSJCZ 3 T t 4 P'- '4.4 4 .4 *"THUC RTFilq= Risk Analysis & Inc. Services HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3610 North 44th St., Ste. 250 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Phoenix AZ 85018 - COMPANIES AFFORDING COVERAGE Gregory D. Jacobs COMPANY phone" 602-956- 686 Fax No. A Midwest Noployers Casualty INSURED COMPANY Americaro ftplayors group z' Por; Chegini enterprises, Inc. COMPANY DNA 8MC Construction C C5 4350 Z. Camelback Rd. , #1008 COMPANY Phoenix AZ 85018 COVERAGE$ THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTVATHSTANDING ANY REQUIREMENT.TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO XAA41CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 16 SUBJECT TO ALL THE TkAMS, EXCLUSIONS ANO CONDITIONS Of SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REOUCE0 BY PAID CLAIMS CO POUCYFFFECTIVE POLICY EXPIRATIONLTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDrtpY) DATE IMWDWM LIMITS GENERAL LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL LIABILITY I r,PRODUCTS-COMNOP AGG S CLAIMS MADE OCCUR: PERSONAL&A0V INJURY S OWNER'S&CONTRACTOR'S PROT! EACH OCCURRENCE 5 FIRE DAMAGE(Any on@ We) 5 7MED EXP(Any onS DW1011) S AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per PW30m) HIRED AUTOS BODILY IN.JURY 13 NON-OWNED AUTOS (Per acatignt) m PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT I 5 ANY AUTO OTHER THAN AUTO ONLY- EACMACCiDENT AGORCOATIE S EXCESS LIABILITY V EACH ocruFtRf. UMIRIELLAFORM j AGGREGATE Is OTHER THAN UMBRELLA FORM M WORKERS com rm j peNsA AND X TORY STA O LIL%M ET Rl� EMPLOYERS'LIABIUrY EL EACH ACCIDENT 161,0001000 A THARTNERSIE PROPRIETOK1 VE X1 14CL WCAZ000072 01/01/97 12/31/97 EL DISEASE-POLICY LIMIT IS1,000,000 PMCUTI 1 OFFICERS ARE: I I EXCL FL DISEASE-EA EMPLOYEE 9 1 000 000 i OTHER M=RWTION OF OPEPtATIONSILOCATJONWVgt#CLCV$PWAL ITEMS Any and all Jobs CERTIFICATE HOLDER CANCELLATION HUNTI-2 SHOULD ANY OF THE ABOVE U&SCFUND POLICIES N CANCELLED BEFORE THE EXPIRATION GATE TWREOF,THE ISSUING COMPANY WILL CHM"DR40 MAIL City of Huntington Beach 30 DAYS wpurmm 140-ncli TO THE GERMPICAT6 HOLDER NAMEDTO THE LEFT. PO Box 190 ITY 2000 Main street Huntington"rNeach; CA 93648 AUTNORIZ "INTATM ACORD 2"(1195) =ACORD�CORP�®RATION 1"s 4 I have received Performance Bond No. 005010257 -The American Institute of Architects, Payment Bond No. 005010257-The American Institute of Architects. Re: CC-1057 - Edison Community Park Restroom Ada Renovation Project RCA and Action Agenda for December 15, 1997 attached. Dated: By: ., � . r Bond No . 005010257 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Chegini Enterprises , Inc . Amwest Surety Insurance Company dba SMC Construction 5230 Las Virgenes Rd . 3303 Harbor Blvd . , Suite E8 Calabasas , CA 91302 Costa Mesa , CA 92626 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach , CA 92648 CONSTRUCTION CONTRACT Date: December 1 , 1997 Amount:Fifty Five Thousand Seven Hundred Eighty Five & no/100 DOLLARS Description (Name and Location): Ed Son Communi ty Park Restroom ADA Renovation Project ; CC 1057 BOND Date (Not earlier than Construction Contract Date): D e c e m b e r 1 , 19 9 7 Amount:Fifty Five Thousand seven Hundred Eighty Five & no/100 DOLLARS Modifications to this Bond: O None ® See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company; (Corporate Seal) Company: Corporate Seal) Chegini Enterpri 16S . Inc . Amwest Sur t Insura c Company dba SMC Con str t Signature: Signature: Name and Title: Al egini , President Name and Title: Ja s Legaux , Attorney- in- Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or EROkER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •Al THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. Zjy: A312-1984 1 THIRD PRINTING- MARCH 1987 .`1* 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations:under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- amount of this Bond, but subject to commitment b� the dared earlier than twenty days after the Contractor and Owner of the Balance of the Contract Price to mitigation of Sure- the Surety have received notice as provided in Sub- costs and damages on the Construction Contract,the Sure- p ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam- ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 4.2 Undertake to perform and complete the Construc 7 The Surety shall not be liable to the Owner or others for p p obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of anv such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor o ing changes of time, to the Construction Contract r to with performance and payment bonds executed by a selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other or t - qualified surety equivalent to the bonds issued on the bons. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law,the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. • AIA E THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVE., N.w.,w.ASHINGTON. D.C. 20006 A312.1984 2 THIRD PRINTING• MARCH 1987 S able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount the Owner to the Contractor under the tractor as required by the Construction Contract or to payable la C perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Contractor and surety , jointly and severally hereby guarantee all work for a period of one year after date of acceptance of work by Owner and shall repair or replace any or all such work that may prove defective in workmanship and/or materials within a one-year period from date of acceptance without expense whatsoever to Owner , ordinary wear and tear , unusual abuse or neglect expected . Owner will give notice of observed defects with reasonable promptness . Contractor shall notify Owner upon completion of repairs . (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED. -AIA A THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NAV.,WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING-MARCH 1987 1 Bond No . 005010257 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural Where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Chegini Enterprises , Inc . Amwest Surety Insurance Company dba SMC Construction 5230 Las Virgenes Rd . 3303 Harbor Blvd . , Suite E8 Calabasas , CA 91302 Costa Mesa , CA 92626 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach , CA 92648 CONSTRUCTION CONTRACT Date: December 1 , 1997 Amount:Fifty Five Thousand Seven Hundred Eighty Five & no/100 Dollars Description (Name and Location): Ed son Communi ty Park Restroom ADA Renovation Project ; CC 1057 BOND Date (Not earlier than Construction Contract Date): D e c e m b e r 1 , 19 9 7 Amount: Fifty Five Thousand Seven Hundred Eighty Five & no/100 Dollars Modifications to this Bond: ® None ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Chegini Enterpris nc . dba SMC Constr io Signature: ignature: Name and Title!,**A l e i n i , P r e s i d e n t Name and Title: e s L e x , A t o r n e y-i n- Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): A . t� C'._ AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED. -AIA .1k fl THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,%VASHINGTON, D.C. 20006 D A312-19"7 4 THIRD PRINTING-MARCH 1987 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant, with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312• PERFOR.MANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA, THE AMERICGAN INSTITL'TE OF ARCHITECTS,1735 NEW PORK AVE,N W.WASHINGTON.DC 20006 A312-1984 5 THIRD PRI1,TING• .MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED. •AIA 9 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W., WASHINGTON,O.C. 20006 A312-1984 6 THIRD PRINTING•MARCH 1987 Aft EXPIRATION DATE I O-22-99 POWER NUMBER 0000795033 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo( )of Amwest Surety Insurance Company(the"Company")on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (619)233-5893 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does hereby make, constitute and appoint: LEN EASTWOOD JAMES LEGAUX AS EMPLOYEES OF TRICORE INSURANCE SERVICES its true and lawful Attomey-in-fact,with limited power and authority for and on behalf of the Company surto xecute, eh affix the seal of the company thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Ac o r perfo bo or other written obligations in the nature thereof as follow: Bid Bonds up to$**1,000,000.00 Contract(Performance&Payment),Court,Subdivision$**2,500,000.00 License&Permit Bonds up to$*****50,000.00 Miscellaneous Bonds up to$*****50,000.00 Small Business Administration Guaranteed Bonds up to$****250,000.00 and to bind the company thereby. This appointment is made under and by au a By-La a in ich are now in full force and effect. I,the undersigned secretary of Amwest Surety Insurance Company,a Ne corporation BY,6RTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the re ons fthe Board oT fo on this Power of Attorney,and that the relevant provisions of the By-Laws of the Company,are now in full force an ct. < Bond No. 005010257 Signed&sealed thi 2 0 of No v e m e r Y i'�7• Karen G.Cohen,Secretary +It tlt tlt alt alr +It �� ONS T OFDIRECTORS aM aIr This POA is signed and sealed by facsimile under d by autho o owi�es adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December .1975: 41 VY'� RESOLVED,that the President or any i 'dent,in nJunc wi Secretary or any Assistant Secretary,may appoint attomeys-in-fact or agents with authority as defined or limited in the ins me vi encin po tme it' acllcase,for and on behalf of the Company,to execute and deliver and affix the seal of the Company to bonds,undertaking, n' ances, s ip obligat�p s of all kinds;and said officers may remove any such attomey-in-fact or agent and revoke any POA previously gran rson. RESOLVED FURTHER,that an nd,unde gni cetsuretyship obligation shall be valid and bind upon the Company: (i) when signed by the President o any Vi esi and and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any 'dent r or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attomey-in-fact or age ,o (iii) when duly executed and scale (ifa require one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issue ompany to such person or persons. RESOLVED FURTHER,that the si na a of any authorized officer and the seal of the Company maybe affixed by facsimile to any POA or certification thereof authorizing the execution and deli ery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 14th day of December,1995. John E.Savage,Pre dent Karen G.Cohen,Secretary State of California County of Los Angeles On December 14,1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) n tl m ru en he er n oubeentUy u on eh of which the person(s)acted,executed the instrument. ,`,"„..:nn�n�'i,ii WITNESS hand and official seal. PEGGY e.LOFTON y �N s U,4 C nVnbd0n s10N= G PP oR,9'q�fi� Nalary Ptac—"Fall do �'• = Signature (Seal) LA0k1QMMCOtY1fr e .Lofton,Notary Pu My Carttw.EVIrm Aup 6.19W 'U31— DECK QI 1995 "fill"fit 7 Y ( l r FCEry f.-ITY CLERK HUNiIIP(r; 7 Y LIP Nov S9 ` CQ'v OF WUP Tl�d 7<<� ruCN, �40F. o� ! P '97 4-1 1. CITY CLERK MUNT;NO�Ty OF cT , ,'r) 4 Nay ol FN CQPIES TO: TAMMY GENEIL EDISON COMMUNITY CENTER; ADA RENOVATION CC-1057 November 12, 1997 2:00 PM Engineer's Estimate: $60,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. A.B. Construction $ 2. Alexander Associates $ 3. Ed Hodges Construction $ 4. EMS Construction $ 6gf 357 D 5. Glen Products $ 6. JK Construction $ 7. McThorp Construction $ 8. Parker Pacific $ 9. SMC Construction Co 10. Spar Plumbing $ $ Page one of one 121osv7 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange } I am a Citizen of the United States and a PURKNO= vw A064GY resident of the County aforesaid; I am o, + a a� over the age of eighteen years, and not a Mm _ s rW party to or interested in the below X11111a,cIr ;:diarimk�ted againston pa heals of race,color.no- entitled matter. I am a principal clerk of AM °onI 'W Cam W- on in any consider- the HUNTINGTON BEACH INDEPENDENT, a f ors «nlract to award a�prroeeopp reareddd- rl newspaper Of general circulation, printed PUBLIC iNlMC TINNOaTON ered unless it Is No bid shall f�ICE 13 P and published in the City of Huntington Y aim that to Gm in coniammm"with Beach, County of Orange, State o f CITY of °HUNTINflTON lnstrucHor�a to Bidders• BEACH, ae A SIIZ kr The tld moat be s g vibe sealed blda'fa ow. n+Pantsd by a c�rtlNed k or California, and that attached Notice is a We In �a pay- the am"of the CRY Clark abbe to the AGENCY for an true and complete copy as was printed Floor. 2=-111"n• no tees then 10% sleet, Beach, the amovratt 'bid. The and published in the Huntington Beach bidder rdo ba utt to the icertsed in accordance and Fountain Valley issues of said bar 2� � �,� n� newspaper to wit the issue(s) of: � an�ambeva License Class P at the tirne of the b1d°psn- Go as of the Plans, Corr a ations, and can tracand his bad documents are avail- tors will be required to pos- able from the 4111ce or the sass business licenses October 23, 1997 ftector of Public works, from the AGENCY. Main Street, Hun*W The.AGENCY October 30, 1997 ton Beach,CA 920oe,Won reserves the d0ht to nrlac! of a$1&00 noire•, any or all bids, toand to take wahre November 6, 1997 paym st of1 5% rt nonrefundable fee If a ma*nu►m pWWod of This le a DevNrBacon days BY ORDER declare, under penalty of perjury, that ' „M - O WWGTO K the. the foregoing is true and correct. �, 0� day fOOtob°�er nofts will bWorporale the Attest Provillions of the federal Cow"a on fft"sot the Of the Director of Public Works, of TM Crry OP Executed on November 6 , 1997 M� . ►+ANW. - oN at Costa Mesa, California. t he AGENCY The AGENCY Published Huntington deduct a 10%Calendar fountain Valley In- m att Progress pay- aimKi nt October A,30, The.ContracW maY 6,1097. an eson w holier 104 827 of equal value to the in athe provlsF lire aiifornba Government 49clion 45M The Contsolm chap be bar^%- am of the surety NW shall toe"say Ir"r- Signature _ to 4 I have received Bid Bonds for E.M.S. Construction -Amwest Surety Insurance Company Power No. 0000795018 Chegini Enterprises, Inc. -Amwest Surety Insurance Company Power No.0000795023. Re: Edison Park Restroom ADA Renovation - CC-1057 Action Agenda of October 20, 1997 attached. Dated: By: (7) 10/20/97 - Counci,._ .jency Agenda - Page 7 E-6. (City Council)Approve Appropriation Of Nonresident Library Card Fee Revenue - Into Library Service Fund - (320.20) Approve the appropriation of$41,700 into the Library Service Fund Account No. R-LX-392320 of the Nonresident Fee. Submitted by the Library Services Director (To be used for the purchase of books and other library material.) [Approved-- 7-0] E-7. (City Council)Authorization To Award Construction Contract - Peter C. David Company - Silver Lane Street And Storm Drain Improvements - CC-1011 & CC-1041 - w/o Beach Boulevard - n/o Heil Avenue - (600.60) 1. Approve the low responsive/responsible bid submitted by the Peter C. David Company, Incorporated, for the Silver Lane Street and Storm Drain Improvement Project; CC-1011 & CC-1041 2. Authorize the Mayor and City Clerk to execute the Construction Contract in the amount of$456,315.00; and 3. Authorize the Public Works Director to expend a total of $521,000 including the contract amount of$456,315, estimated construction contingency of$45,632, and supplemental expenditures of$19,053. Submitted by the Public Works Director and the Economic Development Director [Approved-- 7-0] E-8. (City Council)Approve Plans & Specifications And Authorize Solicitation Of Bids - Edison Community Park Restroom (ADA) Renovation; Americans With Disabilities Act CC-1057 - (600.65) 1. Approve the project plans and specifications and authorize the Public Works Director to solicit bids for construction of the Edison Community Park Restroom (ADA Americans With Disabilities Act) Renovation Project; CC-1057; and 2. Approve the attached sample construction contract subject to award of contract to the Council approved lowest responsible/responsive bidder. Submitted by the Public Works Director (Approved-- 7-0] E-9. (City Council) Approve Agreement Between City And Huntington Beach Public Facilities Corporation For The Assumption Of Debts And Liabilities Of The Huntington Beach Public Facilities Corporation (HBPFC) Upon Dissolution Of The Corporation - (600.10) Approve and authorize execution by the Mayor and City Clerk of the Agreement- Assumption of Debts and Liabilities of the Huntington Beach Public Facilities Corporation Upon Dissolution of the Corporation facilitating the dissolution of the Huntington Beach Public Facilities Corporation and assumption of any remaining liabilities of the Corporation by the city. Submitted by the Finance Director-Assistant Secretary to the Huntington Beach Facilities Corporation [Approved-- 7-07 (7) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we E . M . S . Construct i o n (Here insert full name and address or legal title of Contractor) P . O . Box 8315 Anaheim , CA. 92S12 as Principal, hereinafter called the Principal, and A m w e s t Surety Insurance Company (Here insert roll name and address or legal title of Surety) 5230 Las virgenes Rd . , Calabasas , CA 91302 a corporation duly organized under the laws of the State of N e b r a s k a as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) 2000 Main St . , Huntington Beach., Ca 92548 as Obligee, hereinafter called the Obligee, in the sum of ***Seven Thousand & no/100* Dollars ($7 ,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 presenis. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) Edison Community Park R e s t r o o m ADA Renovation 21377 Magnolia St . , Huntington Beach , CA Cash Contract No . 1057 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 7 t h day of November 1997 E.M . S . Construction (Principal) (Seal) (Witness) F_yad Sale (Title)rurance wn� �- Amwest Su t In Company �7xj"�Z/ l� (Sure (Seal) ( ess) James g a u x (Title) A to or ley-in- _ act AIA DOCUMENT A310• BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OFORCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 ® Printed on Recycled Paper 9/93 DI EXPIRATION DATE 10-22-99 POWER NUMBER 0000795018 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo(A )of Amwest Surety Insurance Company(the"Company")on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (619)233-5893 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does hereby make, constitute and appoint: LEN EASTWOOD JAMES LEGAUX AS EMPLOYEES OF TRICORE INSURANCE SERVICES its true and lawful Attomey-in-fact,with limited power and authority for and on behalf of the Company surto ecute, eli affix the seal of the company thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Ac o r perfo n bo or other written obligations in the nature thereof as follow: Bid Bonds up to$**1,000,000.00 �yy, Contract(Performance&Payment),Court,Subdivision$**2,500,000.00 License&Permit Bonds up to$*****50,000.00 Miscellaneous Bonds up to$*****50,000.00 A Small Business Administration Guaranteed Bonds up to$**"•250,000.00 }V� and to bind the company thereby. This appointment is made under and by au a By-La a Mi my�_ ch are now in full force and effect. � r I,the undersigned secretary of Amwest Surety Insurance Company,a Ne corporation BYAWRTIFY that this Power of Attomey remains in full force and effect and has not been revoked and furthermore,that there ons f the Board fo o on this Power of Attomey,and that the relevant provisions of the By-Laws of the Company,are now in full force an ct. o�, Bond No. B i d Bond Signed&sealed thi 7 t o N O V e m r 9Y_ Karen G.Cohen,Secretary rlt +M jlt tlt tlt ilt # 4ba ONS T O DIRECTORS tlt # tlt jlt This POA is signed and sealed by facsimile under uthor o owi�e lutions adopted by the Board ofDirectors ofAmwest Surety Insurance Company at a meeting duly held on December 1975: VY'� RESOLVED,that the President or any a dent,in nJunc wiSecretary or any Assistant Secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the it a v; encin pol tment' acAcase,for and on behalf of the Company,to execute and deliver and affix the seal of the Company to bonds,undertaking,aces, s ip obliga ors of all kinds;and said officers may remove any such attomey-in-fact or agent and revoke any POA previously gran rson. RESOLVED FURTHER,that an nd,unde gni e suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President o any Vi rest and and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any 1 e 'dent r or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attomey-in-fact or age o (iii) when duly executed and sealed(;f a requir one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issue ompany to such person or persons. RESOLVED FURTHER,that the si na re of any authorized officer and the seal of the Company maybe affixed by facsimile to any POA or certification thereofauthorizing the execution and deli ery ofany bond,undertaking,recognizance,or other suretyship obligations ofthe Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 14th day of December,1995. John E.Savage,Pre dent Karen G.Cohen,Secretary State of California County of Los Angeles On December 14,1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) t in ru en he e n o he nt u on eh of which the person(s)acted,executed the instrument. �"X'NS,(f 0o�- WITNESS hand and official seal. �S.S.`(OFT M 9�� Op,P Oq,�• • No�latl►PA�c—Coilbalio ?`Q•'� g2C1;= Signature (Seal) LosAr4*a a+►N sf J j 2 to T(1 a Lofton,Notary PuNW My Comm.Expk"AM 6.lM _� — DEC.14, 1995 7 I RECEWED CITY CLERK iTY OF HUNTiNG'"# f FACH, ki.lF. NOV I 1 46 N '97 a � . EMS CONSTRUCTION ION P.O. BOX 8315 l ANAHEIM, CA 92812 1 ,i f �r i i I i 6 � i % J I w ' THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we C h e g i n i E n t e r p r i s e s , I n c . (Here insert full name and address or legal title of Contractor) dba SM Cons ructti n 33303 Har or Blvd . , Suite E-3 Costa Mesa , CA as Principal, herelna�ter calle� the Principal, an� A im w e s t Surety Insurance Company (Here insert full name and address or legal title of Surety) 5230 Las Virgenes Rd . , Calabasas , CA 91302 a corporation duly organized under the laws of the State of N e b r a s k a as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) 2000 Main St . , Huntington Beach., CA 92543 as Obligee, hereinafter called the Obligee, in the sum of ***Ten Thousand & no/100*** Dollars ($*10 , 000 . Do*), 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 (Here insert Tull name, address and description of project) Edison Community Park Rest Room ADA Renovation City of Huntington Beach Cash Contract No . 1057 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 : 11 t h r� day of November 19 9 7 Chegini Enterprises , Inc . 1 dba SM,C C t r u c t i o n i pal) (Seal) (Witnes Al Chegini , (Title) president A west SOnetvInsurance Company �jlj'� (Surety (Seal) itness a es Leg ux , (Tit ) Attorney- in-Fact AIA DOCUMENT A310- BID BOND •AIA B• FEBRUARY 1970 ED •THE AMERICAN INSTITUTE OFDRCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20DD6 1 ® Panted on RecYcled Paper 9'93 EXPIRATION DATE 10-22-99 POWER NUMBER 0000795023 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo(A )of Amwest Surety Insurance Company(the"Company")on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (619)233-5993 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does hereby make, constitute and appoint: LEN EASTWOOD JAMES LEGAUX AS EMPLOYEES OF TRICORE INSURANCE SERVICES its true and lawful Attorney-in-fact,with limited power and authority for and on behalf of the Company surecute, eli affix the seal of the company thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Ac o r perfo bo or other written obligations in the nature thereof as follow: Bid Bonds up to$**1,000,000.00 Contract(Performance&Payment),Court,Subdivision S**2,5W,000.00 License&Permit Bonds up to S*****50,000.00 Miscellaneous Bonds up to$*****50,000.00 Small Business Administration Guaranteed Bonds up to$****250,000.00 and to bind the company thereby. This appointment is made under and by au a By-La a in rich are now in full force and effect. I,the undersigned secretary of Amwest Surety Insurance Company,a Ne %corporation BYTARTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the re one f the Board or fo on this Power of Attorney,and that the relevant provisions of the By-Laws of the Company,are now in full force an ct. Bond No. Bid Bond Signed&sealed thi I of N o v e m r 7 Karen G.Cohen,Secretary tlr jlt tlt ilt4by ONS T O DIRECTORS * * * * * * * rlr * This POA is signed and sealed by facsimile under author o owile utions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 1975: vY'1 RESOLVED,that the President or any a 'dent,in ijunc wi Secretary or any Assistant Secretary,may appoint attomeys-in-fact or agents with authority as defined or limited in the ins me vi encin po 'tment ac case,for and on behalf of the Company,to execute and deliver and affix the seal of the Company to bonds,undertaking , n' ces, ip obliga qr s of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any POA previously grante rson. RESOLVED FURTHER,that an nd,unde gni ce suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President o any Vi resi and and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any dent r ry or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or age *o (iii)when duly executed and sealed(if a requir one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issudch ompany to such person or persons. RESOLVED FURTHER that thea re of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and ery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and'such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 14th day of December,1995. 457 �Civ 1 John E.Savage,Pre dent Karen G.Cohen,Secretary State of California County of Los Angeles On December 14,1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/shelthey executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) n t in ru en he er n o he nC u on eh of which the person(s)acted,executed the instrument. .. . ". uwui°nn\N S V9��� WITNESS hand and official seal. COff>f' bdcna(0j e oPp Cq.9'q'L Nalcm v P bft—Calibetb `•. - Signature (Seal) Los 'r J _ �'';(11 a Lofton,Notary PAW My Comm.Explrw/WQ 6.1999 =C/)*— DEC.14, � o M-`: 1995 ; •O _FSR A`' _ 7 t • SMC CONSTRUCTION COMPANY 3303 HARBOR BLVD., STE. E8 COSTA MESA, CA 92626 , L✓ t�- 1' r . d, SECTION C PROPOSAL for the Edison Community Park Restroom ADA Renovation 21377 Magnolia Street CASH CONTRACT No. 1057 in the ; CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at-the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find —16i/� in the amount of$ o 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). f Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 , PROJECT BID SCHEDULE Item Estimated Extended No. Quantity Item with unit price written in words Unit Price Amount 1. L. S. Edison Center ADA Renovation inclusive of all project work � r Dollars Cents $ SS 7gs $ 6-5755` TOTAL AMOUNT IN BID FIGURES: $ �5� 7e S `t' TOTAL AMOUNT/BID IN WORDS: /ALLG✓J �77 Fi✓& tvU 0028013.01 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 7ui��,�S �� rc.c.lrrl�i�✓cj � � 't+JL� (OGI 344 a) "e d�v�/ ��zoo2 iSS" 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 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly"sworn, deposes and says that he or she is of czVgrXja/G-70.,1 C• 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. j Nl C G.O�ST�cJGTi o..f Name of Bidder ASHKAN A. RAUR *" ,� COMM.#1021664 NOTARY PUSUC•CAUFORNIA Signatu i er ORANGE COUNTY R. My Comm. Exp. Mar. 27, 1998 Address of Bidder , S/�+ �.t&q q , CA- Subscribed and sworn to before me this 12 day of MOV , 199 - . NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Edison Community Park Restroom ADA Renovation, (I)(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. Contractor By Title Date: / /Z 7 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government projebt because of a violation of law or a safety f regulation? ❑ Yes 5WNO If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By 1.�!oc�•/t-- Title Date: C-7 UNDERGROUND 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. a - 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 By Title Date: 2 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: COA/srl;t�I/W/01.1 6. Bidder Names 3 x�3 A'"ed Business Address City, State Zip ( �/-�) 8Z5o57a Telephone Number State Contractor's License No. and Class Original Date Issued Jr 3/ GI Expiration Date The work site was inspected by &G4fr—Q/AJ1 of our office on /VO fl , 1997. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Nam Signe re of Bidder Printed or Typed Signature Subscribed and sworn to before me this 1A day of ^/0✓ , 1999. - -.—- ASHKAN A. RAUFI COMM. I'l1021664 NOTARY PUCLIC-CALIFORNIA v ORANCF CCU'Vry E.: r 27 tss8 NOTARY PUBLIC ....,• My Corn 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. +,IAIA Name and Address of Public Agency Name and Telephone No. of Project Manager: /4,414/t5� 38o6 2/2,e ovo C�✓sr,¢ycTion/ 8�97 Contract Amount Type of Work Date Completed 2. (fV!-z ©X-- czo�Aeln-n-� cIPAeCtiS , C'g Name and Address of Public Agency Name and Telephone No. of Project Manager: 101,, -,ek Ch�,eiS�Z�G6[.C. 7�¢� zZ�&740 CDD 9 Contract Amount Type of Work Date Completed 3. 6;.V✓r4-A449 IC,#- 1A44u,6c! c%/i�c cS'o-fcvz_ �✓5�74�-T" cS'r�,✓i"R 1c Ld�!/C.� f,Q Name and Address of Public Agency Name and Telephone No. of Project Manager: 1,t e La -e �,3/o2 Contract Amount Type of Work Date tompleted C-10 SECTION C PROPOSAL for the Edison Community Park Restroom ADA Renovation 21377 Magnolia Street CASH CONTRACT No. 1057 in the f CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 i If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at-the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find AkJ in the amount of$ -7'1&2r.) 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). a , Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature ION 9 C-2 PROJECT BID SCHEDULE Item •: Estimated Extended ...::.:.:::: :..Y No.. uantit Item with unit rice'v�*ritten m words Unit Price . Amount 1. L. S. Edison Center ADA Renovation inclusive of all project work @ �3 7lrwh"&ftP F R Dollars w �- L�y Cents $ 3&r $ �Sb TOTAL AMOUNT IN BID FIGURES: $ � — TOTAL AMOUNT BID IN WORDS: _7�4,,,, A,1�d ��'l1`-F�UC tl���✓c c /vo , 0028013.01 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 0� PAS. 3 (41q v;a.)-id0, sk,* Ib$ 63 /8/S �ov1t5 P Rc�r55 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 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange CYQ� 1"-O'�-ALe" , being first duly'sworn, deposes and says that he or she is o w rciZ. of +4., - s, S3VA&r ck4,J 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. Yy)-S. �iris7lZtc�T��� Name of Bidder Signature of Bidder �•a .��8 3�� yqt-��,.l�N� ,� Address of Bidder Subscribed and sworn to before me this /0- day of N®v . , 1992 . �- JAYJOHNM Notary Public—ca kmb ORANGE C N1Y My Comm.Eicpiree JAN 21999 NOTARY PUBLIC wxf(147 4Z �(Zz NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Edison Community Park Restroom ADA Renovation, (I)(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 he 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. Contractor By Title Date: t/Z1 2,I C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government projet t because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor :77 By Title Date: C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: 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 Y . BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip Telephone Number 63 , State Contractor's License No. and Class Original Date Issued 3 Expiration Date The work site was inspected by of our office on // /b , 199X.7 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 ♦ Y The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. / Company Name Signature of Bidde Printed or Typed Signature Subscribed and sworn to before me this f�day of 9 ` ..: .• JAYJOHNM Z a ;• COMM.#1048636 "� 13ctary Public—Calitania fa ' ORANGE COUNTY My Comm.EOres JAN 21919 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: Name and Add ess of Public Agency (qt 16) 3�3_ C-610 Name and Telephone No. of Project Manager: . Ch/y54-i#e fsS, vvv— l2�-,0� z7'•� � 9 Contract Amount Type of Work Date Completed 2. (CG a Name and Address of Public Agency H/Ld s�3_I�YOwe,r•.120 Name and Telephone No. of Project Manager: 19pQy��!�t>a�l 4i&- e-�sL- :- -7 & y& e— /21r*"rloC -&af of Contract Amount Type of Work Date Completed 3. /- ,-R. 00 721" may' & Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work ` Date Completed C-10 C10 7) Council/Agency Meeting Held: to ad G Co' 65 Deferred/Continued to: lH'Approved ❑ Conditionally Approved ❑ Denied O City Cle k's Signature Council Meeting Date: October 20, 1997 Department ID Number: 97-085 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION o SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERSCO '= r SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator-, �G � PREPARED BY: LES M. JONES II, Director of Public Works DAVID C. BIGGS, Director of Economic Dev ent SUBJECT: Edison Community Park Restroom ADA Renovation; CC 1057 Approve Plans, Specifications and Authorize to Solicit Bids Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,E ronmental Status,Attachment(s) Statement of Issue: Plans and specifications for the Edison Community Park Restroom ADA Renovation Project; CC .1057, are complete and are ready for Council approval and project bidding. Funding Source: Sufficant Community Development Block Grant (CDBG) Funds are available in Account Number E-HR-ED-819-6-31-00. The estimated cost for this project is $80,000. Recommended Action: Motion to 1. Approve the project plans and specifications and authorize the Director of Public Works to solicit bids for construction of the Edison Community Park Restroom ADA Renovation Project; CC 1057; and 2. Approve the attached sample construction contract subject to award of contract to the Council approved lowest responsible/responsive bidder. Alternative Action(s): Deny authorization to proceed with the contract bid and forego the CDBG Grant. J kcQUEST FOR COUNCIL ACTION MEETING DATE: October 20, 1997 DEPARTMENT ID NUMBER: 97-085 Analysis: On October 15, 1997, the Public Works Commission recommended that the City Council authorize advertising of this project for construction. This project involves the renovation of the Edison Community Park Restrooms, public amenities such as outdoor sinks, barbecue and parking to comply with the American with Disabilities Act. Environmental Status: Categorically exempt pursuant to California Environmental Quality Act, Section 15301 (c). Attachment(s): DescriptionCity Clerk's Page Number No.1. Location Map 2. Sample Construction Contract RCA Author: Charlonne 0028036.01 -2- 10/02/97 5:05 PM ATTACHMENT 1 e° > Goo me-P� BOLSA 4\E0n cn cnm Mc FADDE zEDINGER w N 'U-z) AVE. Y z = Q o cn V) > o cyHEIL U Q Z 3- AVE. m m Of o o } C7 (n J N Q O WARNER ' w AVE. 0 J SLATER NF- . o A TALBERT = 9� o PACIFIC �� ELLIS CD AVE. GARFIELD AVE. �O 4/4, TOWN AVE. 3 ADA S AVE. r Of INDIANAPOLIS AVE. Y ¢ o C Ii J O ATLANTA = oz = AVE. m _ D ¢ w � w HAMILTON AVE. m OCEAN y�Y BANNING AVE. PROJECT LOCATION N KEY MAP N.T.S. ��.�. '74. / CC - 1 057 EDISON COMMUNITY PARK ADA RESTROOM RENOVATION CITY OF HUNTINGTON BEACH 10/03/97 DEPARTMENT OF PUBLIC WORKS G:\ACAD\CC1057\1057LM.DWG 1 0019517.01 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE EDISON COMMUNITY PARK RESTROOM ADA RENOVATION Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 5 3. COMPENSATION 6 4. COMMENCEMENT OF PROJECT 7 5. TIME OF THE ESSENCE 7 6. CHANGES 8 7. NOTICE TO PROCEED 8 8. BONDS 9 9. WARRANTIES 9 10. MINIMUM WAGE 9 11. PREVAILING WAGE LAW 13 12 WITHHOLDING 13 13. HEALTH& SAFETY 14 14. PAYMENT OF TRAVEL& SUBSISTENCE 15 15. APPRENTICES AND TRAINEES 15 16. PAYROLLS &BASIC RECORD 17 17. WITHHOLDING FOR UNPAID WAGES 20 18. LIQUIDATED DAMAGES/DELAYS 21 19. SUBCONTRACTS 23 20. INDEPENDENT CONTRACTOR 23 21. DIFFERING SITE CONDITIONS 23 22. VARIATIONS IN ESTIMATED QUANTITIES 24 23. PROGRESS PAYMENTS 25 24. WITHHELD CONTRACT FUNDS 26 25. AFFIDAVITS OF SATISFACTION OF CLAIMS 26 26 WAIVER OF CLAIMS 26 27 INDEMNIFICATION, DEFENSE,HOLD HARMLESS 26 28. WORKERS COMPENSATION INSURANCE 27 29 INSURANCE 28 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 29 31. DEFAULT&TERMINATION 30 32. DISPOSITION OF PLANS,ESTIMATES AND OTHER 30 33 NON-ASSIGNABILITY 31 34. CITY EMPLOYEES AND OFFICIALS 31 35. STOP NOTICES 31 36. NOTICES 31 37. CAPTIONS 32 38. FEDERAL PARTICIPATION 32 39. DAVIS-BACON ACT 32 SAMPLE A 40. DISPUTES CONCERNING LABOR STANDARDS 33 41. CERTIFICATION OF ELIGIBILITY 33 42. DISCRIMINATION, MINORITIES,ALIENS 34 43. EQUAL EMPLOYMENT OPPORTUNITY 34 44. COPELAND ACT 35 45. CONTRACT WORK HOURS 35 46. CLEAN AIR ACT 36 47. ENERGY CONSERVATION 37 48. HOUSING AND URBAN DEVELOPMENT 37 49. SUBCONTRACTS 37 50. CONTRACT TERMINATION; DEBARMENT 38 51. COMPLAINTS PROCEEDINGS OR TESTIMONY 38 52. CONTRACT WORK HOURS AND SAFETY STANDARDS 38 53. VIOLATION; LIABILITY FOR UNPAID WAGES 39 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED 39 55. ATTORNEY FEES 40 56. ENTIRETY 40 SAMPLE SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE EDISON COMMUNITY PARK RESTROOM ADA RENOVATION THIS.AGREEMENT is made and entered into on this day of 1997,by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., , a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as Edison Community Park Restroom ADA Renovation in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low- Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as 1 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3; shall,to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to 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 The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section.3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. 2 SAMPLE 4/sA-97AgreeTdison RLS 97-768 . 10/8/97 CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled(1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section.7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.. 3 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies,transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all-expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is.actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 4 SAMPLE 4/s:4-97Agree:Edi son RLS 97-768 10/8/97 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein,and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein.agreed upon; C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 305.5 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 5 SAMPLE 4/sA-97Agr=Edison RLS 97-768 10/8/97 D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 6 SAMPLE 4/sA-97AgrmEdison RLS 97-768 10/8/97 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) calendar days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 7 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of 8 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 the job site, for any reason,relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent(100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof, and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten(10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than 9 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the 10 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) 11 SAMPLE 4/sA-97Agree:Edison RLS 97-768 10/8/97 In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee,to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the 12 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 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.) 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development("HUD")the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of 13 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 13. HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply 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 14 SAMPLE 4/s:4-97Agre e:E d i so n RLS 97-768 10/8/97 shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship 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 15 SAMPLE 4/sA-97Agree:Edison RLS 97-768 10/8/97 the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than 16 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for 17 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORs employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The 18 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 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 contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 19 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 PV The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which 20 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph(2) of this paragraph. 18. 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 working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ )per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not 21 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen(15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY,then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 22 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1)through (4) of this paragraph. 20. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall 23 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder,provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall 24 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made,the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 25 SAMPLE 4/s:4-97 Agree:Edison RLS 97-768 10/8/97 24. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. 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. 27. INDEMNIFICATION. DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or 26 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 28. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 27 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 29. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 28 SAMPLE 4/s:4-97A gree:Edison RLS 97-768 10/8/97 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: l. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 29 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 30 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 33. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein,without the prior written consent of CITY and the surety. 34. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 35. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be 31 SAMPLE 4/s:4-97 Agree:Ed i so n RLS 97-768 10/8/97 made, at the place of business of such party, or to any other place designated in writing by such party. 37. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 39. 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. 32 SAMPLE 4/sA-97Agree:Edison RLS 97-768 10/8/97 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes 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. 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract,the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or 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 33 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 42. DISCRIMINATION. MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 43. 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. 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 34 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 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 C 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. 44. COPELAND "ANTI-KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 45. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act(40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8)hours and standard workweek of forty (40) hours. Work 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 35 SAMPLE 4/s:4-97Agree:Ed ison RLS 97-768 10/8/97 the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 46. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on 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, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. 36 SAMPLE 4/s:4-97Agree:>dison RLS 97-768 10/8/97 (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 47. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 48. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 49. SUBCONTRACTS. The CONTRACTOR or subcontractor 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 contract clauses in 29 CFR Part 5.5. 37 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 50. CONTRACT TERMINATION; DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS. PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT.: OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in 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. 38 SAMPLE 4/s:4-97Agree:Edison 2LS 97-768 10/8/97 53. VIOLATION: LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph(1) of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight 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. 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 39 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97 55. ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 56. ENTIRETY The foregoing represents the entire Agreement between the parties. 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, A municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President Mayor By: ATTEST: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrator p,I o— City Attorney 1 , (!1 v-7 INITIATED AND APPROVED: Director of Public Works 40 SAMPLE 4/s:4-97Agree:Edison RLS 97-768 10/8/97