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TEAM CONSTRUCTION MANAGEMENT - Design Build Services/Build Services for Oakview Police Substation - CDBG Funds - Vista Center 2/5/96 CC-1023 - 1996-02-05
�. � clb I fit I[VTERCARGO INSURANCE COMPANY Pre..mi , . : . _ t.rn lik 1450 East American Lane •20th Floor Schawmourg, Illinois 501 73-5458 1-800-394-3924 LFOI-02500 i BOND NO. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we Ilnsert the full name and address of rho Principal below) hereinafter referred to f Team Construction Management as Principal, III� 221 Main Street,Huntington Beach, Ca 92648 and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and i existing under the laws of the State of Illinois and authorized to do business in the State of California, are held and firmly bound unto Ilnsert the full name and address of the obligee below$ i hereinafter referred to CITY OF HUNTINGTON BEACH as obligee, 2000 MAIN ST. , HUNTINGTON BEACH, CA in the penal sum i Twenty Five Thousand And 00/100' s Dollars 0 **** ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents. Whereas, the principal has entered into a certain written contract with the obligee dated the 31st day of December 119 0 in the amount of i I Twenty Five Thousand And 00/100's ^Dollars, (Insert project description and location below) POLICE SUB—STATION TENANT IMPROVEMENTS Location :HUNTINGTON BEACH,CA i in accordance with the general conditions, the drawings and specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the contract. Now, therefore, the conditions of this obligation, as specified on the reverse side of this form, are such that if the principal shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shail remain in full force and effect. Signed, sealed and dated this 7th day of February 19 96 Team Construction blare ement i 'Sea/rf apolicaolel (Print or type name of cipall �lcl�7ffJ 5LL By: itne (Signature of authorized representative) Michael_ Fein ,.-- i (Type name and titlel , R;� .;1� INTERC G CE COMPANY VW LO r'`,'' , q f Ruivn�s .. B'• 1 (Witness) [Attorney-in•fact) YT►. A (Noma typed) (SEE REVERSE 4E FL %IRMI?&IUD;Q1�biTIONS) t''trlrlrlN�0k u�0 'HOOL•1 (17931 STATE OF S5. COUNTY OF _ELVERSI_DF On 0 2/0 7/9 6 , before me, v PUBLIC PERSONALLY APPEARED MATTHER C. WELTY, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ _ -- her/their authorized capacity(ies), and that by his/her/ ,._ ti »�� �-�-► 1 their signature(s) on the instr-ument the person(s), or the entity upon behalf of which the person(s) acted, executed RNERS+t E COLJNTY the instrument. fAy Comm.Eieaires AUG 28.19+e WITNESS my hand and official seal. Si nature //�1/ "/I r This areafror OTicia.Notarial Seat S 7J; 1 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT mtsisi ❑ PARTNEA(S) ❑ LIMITED ❑ GENERAL © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON{SF OR ENTr1Y(1ES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Mv.6/94 ALL-PURPOSE ACKNOWLEDGEMENT INTERCARGO INSt;RANCE COMPANY Premium: included Ajik r-- 1450 East American Lane •20th Floor Schaumburg, Illinois 6017 3-5458 1-800-394-3924 LF01-02500 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That We ;Insert the full name and aderess of the Principal belowl ' hereinafter referred to Team Construction Management as Principal, 221 Main Street,Huntington Beach, Ca 9264E and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of California, are held and firmly bound unto (Insert the full name and address of the obligee belowl hereinafter referred to CITY OF HUNTINGTON BEACH l as Obligee, 2000 MAIN ST. , HUNTINGTON BEACH, CA in the penal sum i Twenty Five Thousand And 00/100' s Dollars ($ ****$2 5,000.00 I lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors ara Assigns, firmly by these presents. Whereas, the principal has entered into a certain written contract with the obligee cared the 31st day of December 19 0 in the amount of i i Twenty Five Thousand And 001 100's Dollars, (Insert project description and location below) POLICE SUB--STATION TENANT IMPROVEMENTS Location :HUNTINGTON BEACH,CA f In accordance with the general conditions, the drawings and specifications, which contract Is by reference incorporated herein, and made a part hereof, and is referred to as the contract. Now, therefore, the conditions of this obligation, as specified on the reverse side of this form, are such that if the principal shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 7th day of February_ 19 96 Team Construction Man ent !Seal if applicable! (Print or type a of p ' c' 1) i r% la By. � I IW' essl ✓ ignature of authodled representative) V _Michael_Fein »•�. (Type name and titlel Lit INTER 0 IN RANCE COMPANY (Witness) if a+ }� (Attorney-in-fact) r &� (Name tYpetll (SEE RERSE'SJPE FOR,TERMS QJ C`4 CONDITIONS( REAL #120 IMBBL•2(t i931 low 'qW STATR OF CALIFORNIA SS. COUNTY OF RIVERSIDE On 02/07/95 , before me, VERONICA L_ PRATT , NOTARY PUBLIC PERSONALLY APPEARED v IN FACT personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ - } their signature(s) on the instrument the person(s), or the _ .1f1 entity upon behalf of which the person(s) acted, executed the instrument. y RNERSIDE COUNTY W Comm.Er;hes AUG 28.19% WITNESS my hand and official seal. Signature v This area for Official Votarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nrLElsi ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER; DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF:PERSOMS)OR ENTrTY(jES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/9a ALL-PURPOSE ACKNOWLEDGEMENT VOID IF NOT USED BY: INTERCARGO INSURAN COMPANY I 1450 East American lane th Fioor Schaumburg, Illinois 60 3-5458 No Power Of Attorney on this farm shall , 1-800-394-3924 be valid an to bonds. undertakings, recognizancas or other written obligations approval code POWER 4 s the nature thereof executed on or serer I IIII IIII�IIIIIIII III IIIIIIIIIIIIIIIIIIII IIII III l said expiration date. I 11 1Er!!I Il{11{Ilflll 111111111111 1111 T-�'C'`j��_��t���jj} PRINCIPAL t l Tearta Constr:aci>>n Management 22I - Iain Street„ I-'Iuntington Beach,Ca 92-64 I OBLIGEE CITY DF I-IL'17I1,�, GTD:ti BEACH 200D LAIN ST.. EUbiTI__\7 GTD_ BEACH -Cal DESCRIPTION & LOCATION OF OBLIGATION POLICE SUB-STAT:[O N TE-NAiNT DIPRDVE:\I:E, TS Location --HUNTIN CGT� D PENAL SUM j PRINCIPAL TAX 10. PROJECT LIMITED POWER OF ATTORNEY To be used only in conjunction with the bond specified herein. This Power of Attorney may not be used in conjunction with any other Power of Attorney. This Power of Attorney is void if altered or erased. This Power of Attorney bears the numbered seal of INTERCARGO INSURANCE COMPANY. No representations or warranties regarding this Power of Attorney may be made by any person other than an authorized officer of INTERCARGO INSURANCE COMPANY, and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed to INTERCARGO INSURANCE COMPANY, Attention: Contract Bond Underwriting Department. This Power of Attorney shall be governed by the laws of the State of Illinois. KNOW ALL MEN BYTHESE PRESENTS: That INTERCARGO INSURANCE COMPANY,a corporation organized and existing by virtue of the laws of the State of Illinois does hereby nominate, constitute and appoint: MATTHEW C. WELT` its true and lawful Attomey-in-fact to make,execute, attest, seal and deliver for and an its behalf. as surety,and as its act and deed, where required, any and aH bonds, undertakings, recognizances and written obligations in the nature thereof, as follows: Bid Bonds u to $500,000 License .s �erniit ansl Miscellaneous bonds iap to $500.D00 Performance Payment Bonds up to $I,9100.000.0 Court Bonds lap to $000,000.00' Such bonds and undertakings,when duly executed by the aforesaid Attorney-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This appointment is made under and by authority of the By-Laws of the Company. which are now in full force and effect. STATE OF ILLINOIS ss. COUNTY OF COOK [, Lawrence P. Qoecking Secretary of the INTERCARGO INSURANCE COMPANY a corporation of the State of Illinois,do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company,and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revok` r►1NSlUR,g46 .. 0. IN WITNESS WHEREOF, I have; hereunto set my hand and tie seal ot`S4. any.at 5c�tns3n3bt�eT��i. a= this J t I3 �U;af � 19_ 96 SE CI Reri�or3: tree rrrrtN itti�te SECRETA i CON-241.I01195► SEAL #yGu ri '4�40 ,tr.N. en, 1,6r 'I" -4,P1`91 L 1h, 17 4 2 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMEND Complete insurance, Inc . EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW DBA: Complete EnOrgy & marine in COMPANIES AFFORDING COVERAGE 1500 Quail Street, Suite 410 1 Newport Beach, CA 92660 COMPANY A ( 714 ) 263-0606 GQT-nRN RAaT.R INSURANCE COMPANY INBURED LETTER Team Construction I COMPANY c LETTEA 221 Main St . #H COMPANY D Huntington Bch CA 92648 LCMA COMPANY E L=UER A ji 55 :::'.'T W17' 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 CONMTION 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, EXCLU81CNS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C:AIIAS, OD POLICY EFFIEUTF%a� FOLIGY E)ONAMN Lyn TYPE OF INSURANCE POLICY NUMBER DATE(MM1DDtM DATE(MM10D^ ukm 69KERAL LIABILITY GENERAL AGGREGATE 161 , 0 00 , 000 A X I COMMERCIAL GENERAL UABIUTY CCP333805-00 10/20/95 10/20/96 i*Ro0uc-r8-cOmP10P Aea. $-I , 00 0, 0 00 i CLAINAS MADE[1] OCCUR' PERSONAL&RCN.INJURY 41 , 000 , 000 ' OWNER'S&CONTPACTOR8 PROT, EACH OCCURRENCE .&14 00 0 1 0 00 FIFE DWAGE{Any one NO) IS 50 , 000 MED E)(PENS9(Any one parson ALH rTCOBILE LIABILITY 5 0000, COMBINED SINGLE ANY AUTO I UM-Ir ALL OWNED AUTOS 800ILY INJURY SCHEDULEDAuTOS (par POMOA) H)RED AUT08 BODILY:NJURY NON-OWNED AUTOS I (Per accldlnq GARAGE LIABILITY PROPERTY (DAMAGE EX CESS LIABILITY EACH OCCURRENCE UA118SELLA FORM I I A03FMCIAT2 13 OTHER THAN UMBRELLA FORM :1b Ad d WORM'S COWEXSATION irwuroRy umn AN3 EACH A=DENT 6 DIGRAZE-POLIOY L:MIY S EMPLOYERS' LIABILITY I DidEASE-EACH EmftovEg 13 TO FORIM: 'CALL H,U-T011, City Attorney By:. De--4ty City Attorney, 7Zr F"DESCRIPTION OF 0P8tATI0MS/L=TIOKS/vMCLE5/SPECM IRM 117-01L The City of Huntington Beach, its office're , agents and employees are additional insured as per form GECG840 attached. 10 daX notiQ2---of cancellation for non-payment. of Qremiura. A5 NZRTZ---�-; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE '- AND ADDITIONAL INSURED EXPIRAT!ON DATE THEREOF.THE ISSUING COMPANY WILL E4&IiAW31I MAIL 3 0 DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE City of Huntington Beach LEFT, Attn: Dennis Colter L*W*YES 2000 Main Street AUMIZZE7SENTATIVE 10 Huntington Beach, CA 92648 .......... ml :77;�:. 21 F11-: POLICY NUMBER: CCP333805-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: Name of Person or Organization: City of Huntington Beach, Its Agents, Officers, and Employees 2000 Main Street Huntington Beach, CA 92648 WHO IS IIwTSURED is amended to include the person or organization shown in the Schedule but only with respect to liability arising out of"your work" for that insured by or for you. IPPHOVDD -t j TO GAIL HUT12011. C it;; A'i torridy $y:; Deputy City Attorney 7C Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Si natur Council Meeting Date: February 5, 1996 Department ID Number: PW 96-001 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat PREPARED BY: David Biggs, Director Economic Developme t Ronald E. Lowenberg, Chief of Police 06Les M. Jones, ll, Director Public Works SUBJECT: Oakview Police Substation Tenant Improvement; CC-1023 Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environm tal Status,Attachments Statement of Issue: Proposals for the design build services of the tenant improvements for the Oakview Police Substation in the Vista Center were received on September 20, 1995. City Council needs to approve the contract for the tenant improvements. Funding Source: A. Community Development Block Grant (CDBG) in the amount of $30,000.00, account number E-HP-ED-839-6-31-00. Recommended Action: 1. Approve the contract with TEAM CONSTRUCTION MANAGEMENT in the amount of $25,000 2. Approve a total allocation of $30,000 which covers contract expenses of $25,000.00, estimated construction change orders of $2,500.00, and anticipated supplemental expenses of $2,500.00. Alternative Action(s): Deny award and forgo improvements of a Police Substation in the Oakview - Vista Center G location. / / R16UEST FOR COUNCIL ACTICI MEETING DATE: February 5, 1996 DEPARTMENT ID NUMBER: Analysis: The Oakview Police Substation in the Vista Center, at 17411 Beach Blvd., was first reviewed and recommended as a project by the Citizen's Advisory Board to the City Council at its May 1, 1995 meeting. When the City Council approved its Consolidated Plan for the Community Development Block Grant and HOME programs; the One Year Action Plan for the 1995 grant year was approved at the same time. The substation project is included in the One Year Action Plan and is an eligible activity in the Community Development Block Grant program. The City Council approved a lease agreement at $1 per year with the owners of the Vista Center for the commercial space on November 6, 1995. The lease will expire on the twentieth anniversary of the Commence Date. The Oakview Police Substation in the Vista Center, will provide Police services seven (7) days per week and will not duplicate services at the previous substation. The previous substation will be used by Police Department School Resource Officers as their office and will be in operation Monday through Friday. The substation in the Vista Center will provide services to more residents than are currently served and will expand community policing efforts for the City's largest enhancement area. Environmental Status: Not Applicable Attachmentlsl: 1. Design/Build Construction Contract with Team Construction Management NumberCity Clerk's Page MTU:LM.l:RH 0016273.01 -2- 01/11/96 12:24 PM CITY OF HUNTINGTON BEACH 2000 MAIN STREET _ CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK February 7, 1996 Mr. Jeff Bergesma, Project Manager Team Construction Management 211 Main Street Huntington Beach, CA 92648 The City Council of the City of Huntington Beach at their meeting held February 5, 1996, approved the Federally Funded Community Development Block Grant Funds Construction Contract Between the City of Huntington Beach and Team Construction Management for DesignfBudd Services for Police Substation. Enclosed is a copy of the executed contract for your records. If you have any questions regarding this matter, please call the Office of the City Clerk at (714) 536-5227. Connie Brockway, CMC City Clerk Evelyn Schubert, CIVIC Deputy City Clerk Enclosure cc: David Biggs, Director of EconomicDevelopment Ronald E. Lowenber, Chief of Police LesM. Jones,.11, Director of Public Works g:lfollowuplsgrml 1 Telephone: 714-536.5227) 1 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TEAM CONSTRUCTION MANAGEMENT FOR DESIGN/BUILD SERVICES FOR POLICE SUBSTATION TABLE OF CONTENTS a e No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION ' 3 4. COMMENCEMENT OF PROJECT J 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW-PENALTY 7 15. PAYMENT OF TRAVEL 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL-RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22, PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 30. DEFAULT&TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 15 32 NON-ASSIGNABILITY 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ATTORNEY FEES 20 47. ENTIRETY 21 3IMeampou114196 r FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TEAM CONSTRUCTION MANAGEMENT FOR DESIGN/BUILD SERVICES FOR POLICE SUBSTATION THIS AGREEMENT is made and entered into on this Ste`' day of 1996, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and TEAM CONSTRUCTION MANAGEMENT a California general partnership hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as design/build services for a police substation in the City, of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall 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 1 WklleampoU114196 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. 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 Builders 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 2 31kReampoVi 14/96 Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit 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 Twenty Five Thousand Dollars ($25,000) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten'(10) working days after notice to proceed is issued and shall diligently prosecute PROJECT 3 3110eampoll114/96 to completion within forty-five (45) 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. 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. 4 3lklteampolll AM 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 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, fumish 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. 5 31k4eampol/11"6 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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the Califomia Govemment Code sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California 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, as required by Califomia Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the Califomia Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW- PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the Califomia Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five 6 3/Meampou114l96 dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. - CALIFORNIA EIGHT-HOUR LAW Califomia Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in Califomia Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with Califomia Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with Califomia Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of Califomia Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this p. 7 Weampou114196 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of Caiifomia Labor Code Section 1776, in general. 18. 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. 19. 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 Two Hundred Fifty Dollars ($250) per day for 8 3lk/teampoVI/4/9B 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 f losses CITY would sustain in the event of and by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined 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 9 31klteampoV114196 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. 20 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. 21. 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 10 Weamp&114196 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 ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. 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 11 WeampoV114196 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. 23. 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. 24. 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. 25. 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. 26. 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 12 Weamp&1/4196 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. 27. WORKERS COMPENSATION INSURANCE Pursuant to Califomia 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. 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property 13 TkAeampolll AM damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any.known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. . 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 coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this 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 14 3110eampoVl l4196 pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of i' 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. 30. 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. 31. 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. 15 3/krteampoYl14196 32. 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. 33. 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 Califomia Govemment Code Sections 1090 et seq. 34. 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 Agreemert. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. 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, 16 3/klteampol11/4196 modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. 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. 38. 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. 39. 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. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 3/k1teampoV1/4/96 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, of seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY 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. 41. COPELAND "ANTI-KICKBACK"ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback"Act (18 USC Section 874), as supplemented in Department of Labor regulations, 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. 42. 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 18 3/kReampoV1/4196 0 . 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. 43. 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. 19 3/Meampol1914M (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. 44. 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, of seq.). 45. 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. 46. 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. 47. ATTORNEY'S 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's fees. 20 3/MeampoV114186 48. 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 officers, the day, month and year first above written. TEAM CONSTRUCTION MANAGEMENT, CITY OF HUNTINGTON BEACH, A a California general partnership municipal corporation of the State of California By: J ff 13 rgsma rtner � Mayor By: chael Fein, Part er �APPROVED AS TO FORM: ATTEST- .. _ City Attorney //f b City Clerk INITIAT AND PPR ED: REVIEWED AND APPROVED: Director of Pu 42C L'C City Administrator 21 3Jklteampol11 "6 yriY'•I�_ :JF[FIai�Ailry , iiyj;i?7q M1.y ,, „� Y•" PFK)D'M THIS CERTIFICATE IS ISSUED AS A WEA OF INFORMATION ONLY AND CONFERS NO FIGHTS UPON THE CERTIFICATE HOLDER.THS CERTIFICATE DOES NOT AMEND, Complete '-Insurance, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW DBA: Complete Energy & Marine In COMPANIES AFFORDING COVERAGE 1500 Quail Street, Suite 410 Newport Beach, CA 92660 COMPANY A (714) 20 -0606 � COMPANY B Larrm Team Construction COMPANY C LETYER 221 Main St. #H OOMPA p Huntington Bch C.A. 92648 L07ER COMPANY E Ls:rrrA MITI 4: 7 7 7 s7 •�!, 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. YA TYPEATe OF INSUPANCE P01Jf7Y NUMBEfI D DA� LIAM WOK LIABmny QENUM AWRWATE - siloub,0 0 0 x . ATM CCP333805-00 10/20/95 10/20/96P )OPAaa $l 0 000 ;y M AIMS MADE I x r OOCUR PER SONAL A ACV.0WAY Sl 0 0 0 0 0 OVWNUrS A CONTRAC�rs� PROT. EACH O=RRENCE $1 0 0 0 0 0 FIRE DAMAGE(My on,flry 6 50,000 �W�w+y 6 5 0 oo Altra:osatF LrAanrn cCMatNEO SIC+IOLE 8 ANYAVTO Llu f ALL OWNED AU]'OS fiODILY W,IUIZY f WHEDULED AUTOS (PM pa-M) HIRED AUT08 BODILY INJURY NOWMNED AUTOS S GARAGE LIABIiJTYPAOPEM s DAMfAiQp Eq= LUBILTTY EACH OCCURRENCE S UMBRELLA FORM ACIORMATE 5 OMER THAN UMBRELLA FORM Wows GQPENSATION STATUTORYLIWRB AND EACH ACCIDENT i Disuse-P01JCY UANT S 9P1&dlS• LYABIL7T1' OW-AN-EACH aM10LOYE11 6 OTNBIAffhU v CAIL t JTTON, City Attorney" BY:: Dep4ty" City Attorney, tEStIlI/TION OF OPF] n0xSA=TM/YEHIzft5/SPECIAL Ulm The City of Huntington Beach, its officers, agents and employees are additional insured as per form GECG840 attached. IQ dgX noti of ca ce o or a - ent of remium. 'h., u r ri a ..,:n,l...Nr war. i .L c Vw.Y d:• sir 4,I�r.L•, xo:o-i 11.*. ;C:?�: I_IIir.,,,,L�x M ry a:r �,µk '�1.�' 11IIF.C� �:� I .3. 'I I I. !p"'�+ r' �r��• -i_'� �.,Ad:u uT. 'u u` �:w+,+ w,•ki:lii�r i Y .I.L'H �I:_IL r-�ri.� i:Yl 1.11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AND ADDITIONAL INSURED +� EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL 151irWWWORTQ f=: MAIL 3 0 DAYS WRITTEN NOTICS TO THE CERTIFICATE HOLDER NAMED TO THE City of Huntington Beach LEFT, Attn: Dennis Colter IENI 1111REPRES154TAXWES 2000 Main Street r�. All Huntington Beach, CA 92648mr, rlve Dal 6n: T�.. _ ..¢:'.^ ,.r"�x-r-. .�.�.,'.�,n.r...- :'A.��,-x<I.,r•p.,�....l;�r'."Y'� :gal .nlN'.N..:kl.kHY. Nu• l 01-24-96 12 40E-M P02 r� POLICY NUMBER: CCP333805-00 CON N ERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: Naive of Person or Organization: City of Huntington Beach, Its Agents, Officers, and Employees 2000 Main Street Huntington Beach, CA 92648 WHO IS INSURED is amended to include the person or organization shown in the Schedule but only with respect to liability arising out of"your work" for that insured by or for you. %PPROVED A� TO POn!d: IOAIL HUTTON. City Attorney By:; Deputy City Attorney, RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Oakview Police Substation Tenant Improvements; CC-1023 COUNCIL MEETING DATE: February 5, 1996 RCAATTACHMENTS . STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attorne Attached Subleases, Third Party Agreements, etc. __Oppoved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXP:LANATION:.FORA ISSINO.ATTACHMENTS.:; REVIEWED : . . ..:: . . :< :RETURNED..:_<- :- .:F:O RDED:> Administrative Staff Assistant-City Administrator Initial p City Administrator Initial City Clerk EXPLANAT ION.FOR«RETURN:OF.ITEM•. :::: :.. ,.. ._. (Below • . For Only) , q